Lantry v. Greystar Real Estate Partners

Filing 10

Order Adopting 5 Report and Recommendation and Dismissing Without Leave to Amend. Signed by Judge Lucy H. Koh on 10/4/2017. (lhklc2, COURT STAFF) (Filed on 10/4/2017) (Additional attachment(s) added on 10/4/2017: # 1 Certificate/Proof of Service) (iym, COURT STAFF).

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION United States District Court Northern District of California 11 12 JOSIE HOWARD LANTRY, Plaintiff, 13 14 15 Case No. 17-CV-05267-LHK ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING WITHOUT LEAVE TO AMEND v. GREYSTAR REAL ESTATE PARTNERS, Re: Dkt. No. 5 Defendant. 16 17 18 United States Magistrate Judge Howard R. Lloyd has made a Report and Recommendation 19 that the District Judge dismiss Plaintiff’s complaint without leave to amend pursuant to 28 U.S.C. 20 § 1915(e)(2)(B) because it is frivolous and because it fails to state a claim upon which relief may 21 be granted. ECF No. 5. The Report and Recommendation was filed and served on September 19, 22 2017. No objections have been filed, and the time to file objections has expired. See Fed. R. Civ. 23 P. 72(b)(2). 24 Having reviewed the Report and Recommendation, as well as the record in this case, the 25 Court finds that the Report and Recommendation is well-founded in fact and in law and, therefore, 26 adopts the Report and Recommendation. The Court hereby DISMISSES Plaintiff’s complaint 27 without leave to amend pursuant to 28 U.S.C. § 1915(e)(2)(B). 28 1 Case No. 17-CV-05267-LHK ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING WITHOUT LEAVE TO AMEND 1 IT IS SO ORDERED. 2 3 4 5 Dated: October 4, 2017 ______________________________________ LUCY H. KOH United States District Judge 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No. 17-CV-05267-LHK ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING WITHOUT LEAVE TO AMEND

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