Opinion
Case No. 18-cv-02196-LB
08-28-2018
MICHAEL DECARLO WRIGHT, Plaintiff, v. TNDC, et al., Defendants.
ORDER REASSIGNING CASE; REPORT AND RECOMMENDATION TO DISMISS COMPLAINT
The plaintiff is representing himself and is proceeding in forma pauperis. The court previously dismissed his complaint on May 14, 2018 and his amended complaint on July 11, 2018, each time with leave to amend. Both orders addressed the deficiencies with any claim under the Americans with Disabilities Act, and the July 11 order gave Mr. Wright leave to file an amended complaint by August 16, 2018. Mr. Wright did not file an amended complaint. He consented to the undersigned's jurisdiction, but the defendants have not been served and thus have not appeared or consented to magistrate-judge jurisdiction. Without the consent of all parties, including unserved defendants, the undersigned lacks jurisdiction. See Williams v. King, 875 F.3d 500, (9th Cir. 2017). The court thus must reassign the case.
Amended. Compl. ("FAC") - ECF No. 10. Record citations refer to material in the Electronic Case File ("ECF"); pinpoint citations are to the ECF-generated page numbers at the top of the documents.
Orders - ECF No.9, 13.
Order - ECF No. 9 at 5; Order - ECF No. 13 at 6-10.
See Docket.
Consent - ECF No. 7; see Docket. --------
The court directs the Clerk of Court to reassign the case to a district judge and, for the reasons stated in its two prior orders (attached), recommends that the newly assigned judge dismiss Mr. Wright's complaint.
IT IS SO ORDERED.
Dated: August 28, 2018
/s/_________
LAUREL BEELER
United States Magistrate Judge