Fowlers v. U.S. Department of Justice et al
ORDER ADOPTING AS MODIFIED MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATIONS re 10 . Signed by JUDGE ALAN C KAY on 5/31/11. (eps) -- Failure to file an amended complaint as instructed by Friday, July 1, 2011, shall result in AUTO MATIC DISMISSAL of this action for failure to state a claim CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications will be served by first class mail on 06/01/2011
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
UNITED STATES DEPARTMENT OF
JUSTICE, INTERNAL REVENUE
SERVICE, FLORENCE T.
NAKAKUNI, LESLIE E. OSBORNE, )
Civ. No. 11-00178 ACK-RLP
ORDER ADOPTING AS MODIFIED MAGISTRATE JUDGE’S
FINDINGS AND RECOMMENDATION
On May 9, 2011, a document styled “Findings and
Recommendation to (1) Grant Plaintiff’s Application to Proceed
Without Prepayment of Fees and (2) Dismiss Plaintiff’s Complaint
Without Prejudice and With Leave to Amend” (“F&R”) was filed and
served on all parties.
filed by any party.
Doc. No. 10.
No objections have been
The F&R is adopted as the opinion and order
of this Court, with one modification.
See 28 U.S.C.
§ 636(b)(1)(C); LR74.2.
Rather than dismissing the complaint without prejudice
at this time, the Court grants Plaintiff leave to file an amended
complaint correcting the deficiencies in his current complaint,
as detailed in the F&R.
See Lucas v. Dep’t of Corr., 66 F.3d
245, 248 (9th Cir. 1995) (“Unless it is absolutely clear that no
amendment can cure the defect, . . . a pro se litigant is
entitled to notice of the complaint’s deficiencies and an
opportunity to amend prior to dismissal of the action.”)
(emphasis added); see also Lopez v. Smith, 203 F.3d 1122, 1126
(9th Cir. 2000) (en banc).
Failure to file an amended complaint as instructed by
Friday, July 1, 2011, shall result in AUTOMATIC DISMISSAL of this
action for failure to state a claim.
IT IS SO ORDERED.
Honolulu, Hawai‘i, May 31, 2011.
Alan C. Kay
Sr. United States District Judge
Fowlers v. City of Hilo, Civ No. 11-00223 ACK-RLP: Order Adopting as Modified
Magistrate Judge’s Findings and Recommendation.
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