Zakosky v. Department of Veterans Affairs

Filing 16

CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that Plaintiff's amended complaint is dismissed with prejudice for failure to state a claim since anyallegation of additional facts would not cure the deficiencies. Plaintiff is not permitted leave to amend the complaint since the Court's previous order informed the party that he had one final opportunity to amend the complaint. Plaintiff had a fair opportunity to remedy the deficiencies, and the failure to do so on three separate occasions leads the Court to presume that no further amendments could cure the deficiencies. Plaintiff's request for appointment of counsel is denied as moot. (All non-registered users served via U.S. Mail Service) (tcf)

United States District Court
SOUTHERN DISTRICT OF CALIFORNIA
Richard Zakosky,
Civil Action No. 17-cv-01373-JAH-BGS
Plaintiff,
V.

JUDGMENT IN A CIVIL CASE

Department of Veterans Affairs,

Defendant.

Decision by Court. This action came to trial or hearing before the Court. The issues have been tried
or heard and a decision has been rendered.
IT IS HEREBY ORDERED AND ADJUDGED:
Plaintiff’s amended complaint is dismissed with prejudice for failure to state a claim since any
allegation of additional facts would not cure the deficiencies. Plaintiff is not permitted leave to amend
the complaint since the Court’s previous order informed the party that he had one final opportunity to
amend the complaint. Plaintiff had a fair opportunity to remedy the deficiencies, and the failure to do
so on three separate occasions leads the Court to presume that no further amendments could cure the
deficiencies. Plaintiff’s request for appointment of counsel is denied as moot.

Date:

7/2/20

CLERK OF COURT
JOHN MORRILL, Clerk of Court
By: s/ T. Ferris
T. Ferris, Deputy