Opinion
No. C07-985Z.
October 19, 2007
ORDER
The Court, having reviewed plaintiff's civil rights complaint brought pursuant to 42 U.S.C. § 1983, plaintiff's response to an order to show cause why this case should not be dismissed as frivolous, the Report and Recommendation of the Honorable Mary Alice Theiler, United States Magistrate Judge, the objections thereto, and the remaining record, does hereby FIND and ORDER:
(1) The Court ADOPTS the Report and Recommendation, docket no. 7;
(2) Plaintiff's motion, docket no. 9, for leave to amend his complaint to add unrelated claims and parties is DENIED;
(3) Plaintiff's complaint and this case are DISMISSED with prejudice;
(4) The Clerk is directed to send copies of this Order to plaintiff and to Magistrate Judge Theiler.
The Court notes that, since entry of the Report and Recommendation, plaintiff has been granted leave to proceed in forma pauperis in the appeal at issue ( Thompson v. O'Toole , Ninth Circuit Case No. 07-35655, on appeal from Case No. C05-2064-JLR-MLB). Thus, the gravamen of plaintiff's claim now appears to be moot.
IT IS SO ORDERED.