Haynie v. Whyte

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATION TO DISMISS WITH LEAVE TO AMEND. Signed by Judge Jeremy Fogel on 7/15/2010. (jflc3, COURT STAFF) (Filed on 7/15/2010)

Haynie v. Whyte

Doc. 7

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**E-Filed 7/15/2010**

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION GARY W. HAYNIE, Plaintiff, v. RONALD M. WHYTE, U.S. DISTRICT JUDGE, Defendant. Case Number C 10-2621 JF (PVT) ORDER1 ADOPTING REPORT AND RECOMMENDATION TO DISMISS WITH LEAVE TO AMEND [RE: Doc. Nos. 2, 5]

On June 15, 2010, Plaintiff, proceeding pro se, filed a complaint and an application to proceed in forma pauperis. On June 24, 2010, Magistrate Judge Patricia V. Trumbull filed a Report and Recommendation, which concluded that Plaintiff's complaint should be dismissed with leave to amend. Plaintiff has not filed any objections to Judge Trumbull's Report and Recommendation. Pursuant to 28 U.S.C. § 636(b)(1), Federal Rule of Civil Procedure 72(b), and Civil Local Rule 72-3, this Court concurs with and adopts in its entirety Judge Trumbull's Report and Recommendation. Accordingly, the complaint will be dismissed with leave to amend. Any amended pleading must be filed within thirty (30) days. IT IS SO ORDERED. DATED: 7/15/2010 __________________________________ JEREMY FOGEL United States District Judge

This disposition is not designated for publication and may not be cited.

C a s e No. C 10-2621 JF (PVT) O R D E R ADOPTING REPORT AND RECOMMENDATION TO DISMISS WITH LEAVE TO AMEND ( JF L C 3 )

Dockets.Justia.com

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Copies of Order served on:

Mr. Gary W. Haynie 545 Sobrato Drive Campbell, CA 95008-4631

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C a se No. C 10-2621 JF (PVT) O R D E R ADOPTING REPORT AND RECOMMENDATION TO DISMISS WITH LEAVE TO AMEND ( JF L C 3 )