Johnson v. Federal Bureau of Prisons

Filing 95

ORDER The Court DISMISSES Plaintiff's Second Amended Complaint(#90). The Court GRANTS Plaintiff leave to file a Third AmendedComplaint no later than May 17, 2017, only to allege the factsthat give rise to his claim to compel the Bureau of Prisons toaccept or to reject Plaintiff's IACA claim as set out in theFindings and Recommendation 91 , which is ADOPTED. IT IS SO ORDERED. DATED this 17th day of April, 2017, by United States District Judge Anna J. Brown. (copy mailed to plaintiff) (peg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

LARRY DALE JOHNSON,

3:15-CV-00581-AC

Plaintiff,

ORDER

v.
FEDERAL BUREAU OF PRISONS,
Defendant.

BROWN, Judge.
Magistrate Judge John V. Acosta issued Findings and
Recommendation (#91)

on March 20,

2017,

in which he recommends

the Court dismiss Plaintiff's Second Amended Complaint (#90)

sua

sponte with leave to amend to "allege the facts giving rise to
his claim to compel the [Bureau of Prisons] to accept or reject
his IACA [Inmate Accident Compensation Act, 18 U.S.C.

1 - ORDER

§

4126]

claim" as set out in the Findings and Recommendation.
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 Second Amended Complaint
(#90).

The Court GRANTS Plaintiff leave to file a Third Amended

Complaint no later than May 17, 2017, only to allege the facts
that give rise to his claim to compel the Bureau of Prisons to
accept or to reject Plaintiff's IACA claim as set out in the
Findings and Recommendation.
The Court advises Plaintiff that the Magistrate Judge will
review Plaintiff's Third Amended Complaint and will recommend sua
sponte dismissal of the Third Amended Complaint if it fails to
comply with the March 20, 2017, Findings and Recommendation or
this Court's Order.

If Plaintiff fails to file a Third Amended

Complaint by May 17, 2017, or if Plaintiff's Third 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 17th day of April, 2017.

ANNA J. BROWN
United States District Judge

3 - ORDER