Dominguez v. Varnell

Filing 16

ORDER ADOPTING MAGISTRATE JUDGE'S 13 REPORT AND RECOMMENDATION REGARDING DISMISSAL WITH LEAVE TO AMEND Re 1 Complaint. Amended Pleadings due by 12/22/2017. Signed by Judge Haywood S. Gilliam, Jr. on 11/21/2017. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 11/21/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ELIJAH DOMINGUEZ,

Case No. 17-cv-02652-HSG

Plaintiff,
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v.
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CHRISTOPHER VARNELL,
Defendant.

ORDER ADOPTING MAGISTRATE
JUDGE'S REPORT AND
RECOMMENDATION REGARDING
DISMISSAL WITH LEAVE TO AMEND
Re: Dkt. No. 13

United States District Court
Northern District of California

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The Court has reviewed Magistrate Judge Westmore’s Report and Recommendation Re

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Dismissal with leave to amend. The time for objections has passed and none were filed. The

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Court finds the Report correct, well-reasoned and thorough, and adopts it in every respect.
Despite the deficiencies addressed in the Report and Recommendation, the Court cannot

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say at this stage that amending the complaint would be futile. See Lucas v. Dep’t of Corr., 66

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F.3d 245, 248 (9th Cir. 1995) (“[A] pro se litigant is entitled to notice of the complaint’s

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deficiencies and an opportunity to amend prior to dismissal of the action.”). Plaintiff may still be

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able to allege sufficient facts to state a claim. Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir.

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2000).

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If Plaintiff elects to file an amended complaint, he must do so by no later than December

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22, 2017. Failure to file an amended complaint by this deadline may result in the dismissal of the

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action without leave to amend. The Court also strongly encourages Plaintiff to seek free

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assistance from the Northern District’s Pro Se Help Desk. Appointments can be made in person or

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by calling 415–782–8982.

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Accordingly, IT IS HEREBY ORDERED that this case is dismissed with leave to amend.

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IT IS SO ORDERED.

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Dated: 11/21/207

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________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge

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United States District Court
Northern District of California

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