Opinion
23-cv-04671-RS
02-02-2024
ROBERT O. JOHNSON, et al., Plaintiffs, v. JAMES WILLIAMS, et al., Defendants.
ORDER DISMISSING ACTION WITHOUT PREJUDICE
RICHARD SEEBORG, CHIEF UNITED STATES DISTRICT JUDGE.
On January 11, 2024, the Report and Recommendation advising dismissal of the Complaint was adopted in part and modified in part. Plaintiffs were given leave to amend and advised that if they failed to file an amended complaint by February 1, 2024, this action would be subject to dismissal with prejudice. No amended complaint has since been filed. However, given that the Complaint was dismissed on the grounds subject matter jurisdiction was lacking, dismissal without prejudice (rather than with prejudice) is appropriate. This action is dismissed, therefore, without prejudice.
IT IS SO ORDERED.