Opinion
3:23-cv-898-E-BN
08-07-2023
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
ADA BROWN UNITED STATES DISTRICT JUDGE.
The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. No objections were filed. The District Court reviewed the proposed findings, conclusions, and recommendation for plain error. Finding none, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge. The Court therefore (1) GRANTS the motion to dismiss the amended complaint under Federal Rule of Civil Procedure 12(b)(6), (ECF No. 18); (2) DENIES AS MOOT the motion under Federal Rule of Civil Procedure 12(b)(5), (ECF No. 19); and (3) GRANTS Plaintiff leave to file a second amended complaint no later than 21 days after entry of this order. Failure to file a timely second amended complaint may result in entry of final judgment dismissing this lawsuit with prejudice without further notice from the Court.
SO ORDERED.