-RLP Fowlers v. U.S. Department of Justice et al, No. 1:2011cv00178 - Document 11 (D. Haw. 2011)
Court Description: ORDER ADOPTING AS MODIFIED MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATIONS re 10 . Signed by JUDGE ALAN C KAY on 5/31/11. (eps) -- Failure to file an amended complaint as instructed by Friday, July 1, 2011, shall result in AUTO MATIC DISMISSAL of this action for failure to state a claim CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications will be served by first class mail on 06/01/2011
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-RLP Fowlers v. U.S. Department of Justice et al Doc. 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII ) ) ) Plaintiff, ) ) vs. ) ) UNITED STATES DEPARTMENT OF ) JUSTICE, INTERNAL REVENUE ) SERVICE, FLORENCE T. NAKAKUNI, LESLIE E. OSBORNE, ) ) RYLON OSHIRO, ) ) Defendants. _____________________________ ) ALEXIS-KELVIN: FOWLERS, Civ. No. 11-00178 ACK-RLP ORDER ADOPTING AS MODIFIED MAGISTRATE JUDGE’S FINDINGS AND RECOMMENDATION On May 9, 2011, a document styled “Findings and Recommendation to (1) Grant Plaintiff’s Application to Proceed Without Prepayment of Fees and (2) Dismiss Plaintiff’s Complaint Without Prejudice and With Leave to Amend” (“F&R”) was filed and served on all parties. filed by any party. Doc. No. 10. No objections have been The F&R is adopted as the opinion and order of this Court, with one modification. See 28 U.S.C. § 636(b)(1)(C); LR74.2. Rather than dismissing the complaint without prejudice at this time, the Court grants Plaintiff leave to file an amended complaint correcting the deficiencies in his current complaint, as detailed in the F&R. See Lucas v. Dep’t of Corr., 66 F.3d 245, 248 (9th Cir. 1995) (“Unless it is absolutely clear that no Dockets.Justia.com amendment can cure the defect, . . . a pro se litigant is entitled to notice of the complaint’s deficiencies and an opportunity to amend prior to dismissal of the action.”) (emphasis added); see also Lopez v. Smith, 203 F.3d 1122, 1126 (9th Cir. 2000) (en banc). Failure to file an amended complaint as instructed by Friday, July 1, 2011, shall result in AUTOMATIC DISMISSAL of this action for failure to state a claim. IT IS SO ORDERED. Dated: Honolulu, Hawai‘i, May 31, 2011. ________________________________ Alan C. Kay Sr. United States District Judge Fowlers v. City of Hilo, Civ No. 11-00223 ACK-RLP: Order Adopting as Modified Magistrate Judge’s Findings and Recommendation. 2
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