Opinion
3:23-cv-05575-DGE
09-13-2023
BRENT ARTHUR WILSON, Plaintiff, v. LAUREN ERICKSON, et al., Defendants.
Noting Dated: September 29, 2023
REPORT AND RECOMMENDATION
Grady J. Leupold, United States Magistrate Judge
Plaintiff Brent Arthur Wilson, proceeding pro se, filed this action alleging government officials unlawfully took possession of his home and property. See Dkt. 1-1. The District Court has referred Plaintiff's pending Application to Proceed In Forma Pauperis (“IFP”) and proposed Complaint to United States Magistrate Judge Grady J. Leupold pursuant to Amended General Order 11-22.
Plaintiff filed this action on June 28, 2023. See Dkt. 1. On July 17, 2023, the Court screened Plaintiff's proposed Complaint and found it was deficient because Plaintiff failed to state a claim upon which relief may be granted. See Dkt. 6. The Court informed Plaintiff that, to proceed with this lawsuit, he must file an amended complaint; re-noted the pending Application to Proceed IFP; and provided Plaintiff leave to file an amended pleading by August 18, 2023, to cure the deficiencies. Id.
Plaintiff has failed to comply with the Court's Order. He has not filed a response to the Order or filed an amended complaint. Further, as discussed in the Order, Plaintiff's proposed Complaint has failed to state a claim upon which relief can be granted. See Dkt. 6. Therefore, the Court recommends the Application to Proceed IFP (Dkt. 1) be DENIED and this case be DISMISSED without prejudice.
Pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal Rules of the Civil Procedure, the parties shall have fourteen (14) days from service of this Report to file written objections. See also Fed.R.Civ.P. 6. Failure to file objections will result in a waiver of those objections for purposes of appeal. See Thomas v. Arn, 474 U.S. 140, 142 (1985); Miranda v. Anchondo, 684 F.3d 844, 848 (9th Cir. 2012) (citations omitted). Accommodating the time limit imposed by Rule 72(b), the Clerk is directed to set the matter for consideration on September 29, 2023, as noted in the caption.