Opinion
1:06-CV-01005-AWI-SMS.
November 28, 2007
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 20) ORDER DISMISSING COMPLAINT WITHOUT LEAVE TO AMEND AND DIRECTING CLERK OF COURT TO CLOSE ACTION
Plaintiff is proceeding pro se with an action for damages and other relief concerning alleged civil rights violations. The matter has been referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b) and Local Rules 72-302 and 72-304.
On October 24, 2007, the Magistrate Judge reviewed Plaintiff's first amended complaint. The Magistrate Judge determined the complaint failed to state a claim, and she filed Findings and Recommendations that recommended the complaint be dismissed without leave to amend. The Findings and Recommendations were served on Plaintiff and gave notice that any objections to the Findings and Recommendations were to be filed within ten (10) days. No objections have been filed.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 73-305, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court finds the Findings and Recommendations to be supported by the record and by proper analysis. Normally, the court allows pro se litigants, such as Plaintiff, notice of a complaint's pleading deficiencies and an opportunity to amend prior to dismissing an action. See Lopez v. Smith, 203 F.3d 1122 (9th Cir. 2000); Noll v. Carlson, 809 F. 2d 1446, 1448 (9th Cir. 1987). Here, Plaintiff has already been given this notice and an opportunity to amend, but the complaint's deficiencies remain. Plaintiff is either unable or unwilling at allege facts that would state a claim.
Accordingly, IT IS HEREBY ORDERED that:
1. The Findings and Recommendations, filed October 24, 2007, are ADOPTED IN FULL;
2. Plaintiff's first amended complaint, filed October 13, 2006, is DISMISSED without leave to amend; and
3. The Clerk of the Court is DIRECTED to close this file.
IT IS SO ORDERED.