Opinion
No. CV-18-08314-PCT-ESW
07-15-2019
Michael Brandt, Plaintiff, v. MP BHC LLC, et al., Defendants.
REPORT AND RECOMMENDATION
TO THE HON. STEPHEN M. MCNAMEE, SNEIOR UNITED STATES DISTRICT JUDGE:
On June 11, 2019, the Court screened pro se Plaintiff's in forma pauperis First Amended Complaint pursuant to 28 U.S.C. § 1915(e) (2). (Doc. 15). The Court found that the Plaintiff failed to correct the deficiencies noted in the original Complaint regarding subject matter jurisdiction. (Id. at 1). The First Amended Complaint (Doc. 13) was stricken, and the Court ordered Plaintiff to file a revised First Amended Complaint that corrects the deficiencies noted in the Court's Order no later than July 10, 2019. (Id. at 3). As of the date of this Report and Recommendation, the Plaintiff has not filed a revised First Amended Complaint as ordered. For the reasons set forth in the Court's screening order (Doc. 15), the undersigned will recommend that Plaintiff's Complaint (Doc. 1) be dismissed without prejudice.
For the reasons set forth herein,
IT IS RECOMMENDED that the Court dismiss Plaintiff's Complaint (Doc. 1) without prejudice.
IT IS FURTHER RECOMMENDED that the Court order the Clerk of Court to terminate the case.
This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Fed. R. App. P. 4(a)(1) should not be filed until entry of the District Court's judgment. The Plaintiff shall have fourteen days from the date of service of a copy of this Report and Recommendation within which to file specific written objections with the Court. See 28 U.S.C. § 636(b) (1); Fed. R. Civ. P. 6, 72. Failure to file timely objections to the Report and Recommendation may result in the acceptance of the Report and Recommendation by the District Court without further review. Failure to file timely objections to any factual determinations of the Magistrate Judge may be considered a waiver of a party's right to appellate review of the findings of fact in an order or judgment entered pursuant to the Magistrate Judge's recommendation. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003); Robbins v. Carey, 481 F.3d 1143, 1146-47 (9th Cir. 2007).
Dated this 15th day of July, 2019.
/s/_________
Honorable Eileen S. Willett
United States Magistrate Judge