Opinion
No. ED CV 15-00244-VBF (AS)
01-13-2016
HERBERT WOLFF, Plaintiff, v. STATE OF CALIFORNIA, et. al., Defendants.
ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. section 636, the Court has reviewed the Second Amended Complaint ("SAC"), all of the records herein, and the Report and Recommendation of United States Magistrate Judge. The Court has made a de novo determination of the portions of the Report and Recommendation to which Objections were directed (see Docket Entry No. 13), and concurs with the Magistrate Judge's order construing Plaintiff's objections as a request for additional time to file a First Amended Complaint (see Docket Entry No. 14). However, even after being granted the requested extension of time to file a First Amended Complaint curing the deficiencies of the Complaint, Plaintiff has failed to file a First Amended Complaint. The Court concurs with and accepts the findings and conclusions of the Magistrate Judge.
IT IS ORDERED that Judgment shall be entered dismissing this action with prejudice.
IT IS FURTHER ORDERED that the Clerk serve copies of this Order and the Judgment herein on Plaintiff at his current address of record.
LET JUDGMENT BE ENTERED ACCORDINGLY.
DATED: January 13, 2016
/s/_________
VALERIE BAKER FAIRBANK
UNITED STATES DISTRICT JUDGE