Opinion
Case No. 3:20-cv-1369-YY
03-10-2021
GERALD Z. HAMMOND, Plaintiff, v. IAN MILLER, LABOR WORKS, PEOPLE READY, and ALL STAR LABOR, Defendants.
FINDINGS AND RECOMMENDATIONS
FINDINGS
The court previously ordered plaintiff to show cause in writing by January 29, 2021, why his complaint should not be dismissed for failure to state a claim or file an amended complaint curing the deficiencies by that date. Order to Show Cause, ECF 16. This was the second order to show cause that the court issued in this case, in an effort to provide plaintiff with a fair opportunity to cure the defects in his complaint. See Order to Show Cause (November 10, 2020), ECF 13). The court's orders to show cause outline in detail why plaintiff has failed to state a claim for relief, and there is no need to repeat those explanations again here.
Although the court has provided plaintiff with more than one opportunity to file a complaint that satisfies the requirements of 28 U.S.C. § 1915(e)(2)(B)(ii) and Federal Rule of Civil Procedure 8(a), he has failed to do so. Accordingly, this case should be dismissed without prejudice.
RECOMMENDATIONS
This case should be dismissed without prejudice due to plaintiff's failure to state a valid claim for relief.
SCHEDULING ORDER
These Findings and Recommendations will be referred to a district judge. Objections, if any, are due Monday, March 29, 2021. If no objections are filed, then the Findings and Recommendations will go under advisement on that date.
If objections are filed, then a response is due within 14 days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendations will go under advisement.
NOTICE
These Findings and Recommendations are not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any Notice of Appeal pursuant to Rule 4(a)(1), Federal Rules of Appellate Procedure, should not be filed until entry of a judgment.
DATED March 10, 2021.
/s/ Youlee Yim You
Youlee Yim You
United States Magistrate Judge