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Ellis v. PG&E

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Feb 16, 2018
Case No. 17-cv-05445-PJH (N.D. Cal. Feb. 16, 2018)

Opinion

Case No. 17-cv-05445-PJH

02-16-2018

DONALD RAY ELLIS, Plaintiff, v. PG&E, et al., Defendants.


ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DISMISSING CASE

Re: Dkt. Nos. 1, 10

The court has reviewed Magistrate Judge Westmore's Report and Recommendation to dismiss this case with leave to amend and notes that plaintiff has not filed objections to that report. The court finds the report correct, well-reasoned, and thorough, and adopts it in every respect. Accordingly, the case is dismissed with leave to amend.

An amended complaint replaces the original complaint and therefore may not incorporate the original complaint by reference. In the amended complaint, plaintiff must identify the basis for federal jurisdiction and his legal theory for holding PG&E, a private company, and its employees liable for violating his constitutional rights. The amended complaint must be filed by March 16, 2018. No new parties may be added. Failure to amend by the deadline will result in dismissal of the complaint with prejudice.

IT IS SO ORDERED. Dated: February 16, 2018

/s/_________

PHYLLIS J. HAMILTON

United States District Judge


Summaries of

Ellis v. PG&E

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Feb 16, 2018
Case No. 17-cv-05445-PJH (N.D. Cal. Feb. 16, 2018)
Case details for

Ellis v. PG&E

Case Details

Full title:DONALD RAY ELLIS, Plaintiff, v. PG&E, et al., Defendants.

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Date published: Feb 16, 2018

Citations

Case No. 17-cv-05445-PJH (N.D. Cal. Feb. 16, 2018)