Opinion
5:21-cv-00466-DMG-AFM
12-20-2021
ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
DOLLY M. GEE, UNITED STATES DISTRICT JUDGE.
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Report and Recommendation of United States Magistrate Judge and has engaged in a de novo review of those portions of the Report to which Plaintiff has objected. The Court accepts and adopts the Magistrate Judge's Report and Recommendation. The Court also denies Plaintiff's request for appointment of counsel because he has failed to show a likelihood of success on his claims or extraordinary circumstances. See, e.g., Agyeman v. Corrs. Corp. of America, 390 F.3d 1101, 1103 (9th Cir. 2004) (decision to appoint counsel is within “the sound discretion of the trial court and is granted only in exceptional circumstances”) (internal quotation marks omitted).
IT THEREFORE IS ORDERED that Judgment be entered (1) dismissing the First Amended Complaint without further leave to amend, and (2) dismissing this action with prejudice for failure to state a claim.