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Wilson v. Newton

United States District Court, Ninth Circuit

June 18, 2013

CHRISTOPHER M. WILSON, Plaintiff,
v.
J. NEWTON, et al., Defendants.

ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

JESUS G. BERNAL, District Judge.

Pursuant to 28 U.S.C. ยง 636, the Court has reviewed the First Amended Complaint, the Magistrate Judge's Report and Recommendation, and the remaining record, and has made a de novo determination.

Nothing in the Objections refutes the Magistrate Judge's finding that Plaintiff failed, on multiple occasions, to file a Second Amended Complaint as directed by the Court. In fact, Plaintiff never intends to remedy this deficiency, as he bluntly declares that he "will not be filing a Second Amended Complaint." (Obj. at 4.) The Court also finds Plaintiff's argument that he never received the Court's Order to Show Cause ("OSC") unpersuasive. (Obj. at 3.) Plaintiff requested an extension of time to respond to the OSC, which the Court immediately granted. (Dkt. Nos. 39-40.)

Accordingly, IT IS ORDERED THAT:

1. The Report and Recommendation is approved and accepted.

2. Judgment be entered dismissing this action without prejudice.

3. The Clerk serve copies of this Order and the Judgment on the parties.


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