Opinion
2:22-cv-02626-DOC-JDE
12-06-2022
D'ANDRE POWELL, Plaintiff, v. ROBERT LUNA, et al., Defendants.
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
DAVID O. CARTER United States District Judge
Pursuant to 28 U.S.C. § 636, the Court has reviewed the records on file, including the operative Complaint (Dkt. 1) filed by D'Andre Powell (“Plaintiff”), the Motion to Dismiss the Complaint (Dkt. 12, “Motion”) and Request for Judicial Notice (Dkt. 13, “RJN”) filed by Defendants Robert Luna and Eric Matusak (“Defendants”), and the Report and Recommendation of the assigned United States Magistrate Judge (Dkt. 18, “Report”). No party filed timely written objections to the Report. The Report and Recommendation is approved and accepted.
Therefore, IT IS HEREBY ORDERED that:
1. The Motion (Dkt. 12) and RJN (Dkt. 13) are GRANTED and the Complaint is dismissed with leave to amend as set forth below; 1
2. The DOE defendants named in the Complaint are dismissed without prejudice; and
3. If Plaintiff still desires to pursue this action, he is ORDERED to file a First Amended Complaint within thirty (30) days from the date of this Order attempting to remedy the deficiencies described in the Report, with any responsive pleading by Defendant to such First Amended Complaint due twenty-one (21) days after the filing of such First Amended Complaint. A failure by Plaintiff to timely file a complaint First Amended Complaint may result in dismissal of this action for failure to prosecute and/or failure to comply with a Court order. See Fed.R.Civ.P. 41(b).
IT IS SO ORDERED. 2