Johnson v. Federal Bureau of Prisons

Filing 89

ORDER: The Court DISMISSES Plaintiff's Amended Complaint 65 . The Court GRANTS Plaintiff leave to file a Second Amended Complaint no later than March 16, 2017, only to seek to compel the BOP to decide whether to accept or reject his underlying administrative claim under the APA... Signed on 2/24/2017 by Judge Anna J. Brown. (copy mailed to plaintiff) (kms)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

LARRY DALE JOHNSON,
Plaintiff,

3:15-CV-00581-AC
ORDER

v.
FEDERAL BUREAU OF PRISONS,
Defendant.

BROWN, Judge.
Magistrate Judge John V. Acosta issued Findings and
Recommendation

(#76) on July 27, 2016, in which he recommends the

Court dismiss Plaintiff's Amended Complaint (#65)

sua sponte with

leave to amend "only to seek to compel the BOP to decide whether
to accept or reject his underlying administrative claim, under
the APA."

1 -

ORDER

Because no objections to the Magistrate Judge's Findings and
Recommendation were timely filed,

this Court is relieved of its

obligation to review the record de novo.
561 F. 3d 930,

932

(9th Cir. 2009).

See Dawson v. Marshall,

See also United States v.

Reyna-Tapia, 328 F. 3d 1114, 1121 (9th Cir. 2003) (en bane).
Having reviewed the legal principles de nova, the Court does not
find any error.

CONCLUSION

The Court DISMISSES Plaintiff's Amended Complaint (#65).
The Court GRANTS Plaintiff leave to file a Second Amended
Complaint no later than March 16, 2017, only to seek to compel
the BOP to decide whether to accept or reject his underlying
administrative claim under the APA.
The Court advises Plaintiff that the Magistrate Judge will
review Plaintiff's Second Amended Complaint and will recommend

sua sponte dismissal of the Second Amended Complaint if it fails
to comply with the July 27, 2016, Findings and Recommendation or
this Court's Order.

If Plaintiff fails to file a Second Amended

Complaint by March 16, 2017, or if Plaintiff's Second Amended
Complaint does not comply with the Findings and Recommendation or
this Court's Order, the Court will dismiss this matter with

2 - ORDER

prejudice.
IT IS SO ORDERED.
DATED this 24th day of February, 2017.

/s/ Anna J. Brown
ANNA J. BROWN
United States District Judge

3 - ORDER