Opinion
Case No. C14-126 JCC-BAT
11-14-2014
JAMES H. MAXWELL, Plaintiff, v. REAL CHANGE, Defendant.
REPORT AND RECOMMENDATION
James Maxwell filed a pro se 28 U.S.C. §1983 action challenging an "upper management sanction disciplining action," that Real Change, his alleged private employer, took against him. Dkt. 8. Mr. Maxwell was advised that he cannot sue Real Change because a §1983 lawsuit can only be brought against a state actor, i.e., a government body, and was given leave to show cause no later than March 5, 2014 why the matter should not be dismissed. Dkt. 7.
As Mr. Maxwell has failed to respond, the Court recommends the matter be dismissed with prejudice. This Report and Recommendation is not an appealable order. Therefore a notice of appeal seeking review in the Court of Appeals for the Ninth Circuit should not be filed until the assigned District Judge enters a judgment in the case. If Mr. Maxwell wishes to file objections, he must do so by December 1, 2014. The Clerk should note the matter as ready on December 5, 2014 for the Court's consideration. Objections shall not exceed 8 pages. The failure to timely object may affect the right to appeal.
DATED this 14th day of November, 2014.
/s/_________
BRIAN A. TSUCHIDA
United States Magistrate Judge