Seawood v. Berryhill, 19cv555-LAB (WVG). (2019)
Court: District Court, N.D. California
Number: infdco20190513896
Visitors: 8
Filed: May 09, 2019
Latest Update: May 09, 2019
Summary: ORDER ADOPTING IN PART REPORT AND RECOMMENDATION LARRY ALAN BURNS , Chief District Judge . This case was referred to Magistrate Judge William Gallo for a report and recommendation, including a ruling on Plaintiff Lavon Annette Seawood's motion to proceed in forma pauperis ("IFP"). Judge Gallo issued a report and recommendation (Docket no. 5, the "R&R"), recommending that the IFP motion be denied and that the complaint be dismissed without prejudice. Objections were due May 7. On the dead
Summary: ORDER ADOPTING IN PART REPORT AND RECOMMENDATION LARRY ALAN BURNS , Chief District Judge . This case was referred to Magistrate Judge William Gallo for a report and recommendation, including a ruling on Plaintiff Lavon Annette Seawood's motion to proceed in forma pauperis ("IFP"). Judge Gallo issued a report and recommendation (Docket no. 5, the "R&R"), recommending that the IFP motion be denied and that the complaint be dismissed without prejudice. Objections were due May 7. On the deadl..
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ORDER ADOPTING IN PART REPORT AND RECOMMENDATION
LARRY ALAN BURNS, Chief District Judge.
This case was referred to Magistrate Judge William Gallo for a report and recommendation, including a ruling on Plaintiff Lavon Annette Seawood's motion to proceed in forma pauperis ("IFP"). Judge Gallo issued a report and recommendation (Docket no. 5, the "R&R"), recommending that the IFP motion be denied and that the complaint be dismissed without prejudice. Objections were due May 7.
On the deadline, Seawood filed an amended complaint and a renewed motion to proceed IFP, but no objections to the R&R.
To the extent it recommends denial of the initial IFP motion and finds that the original complaint is deficient, the Court agrees and ADOPTS the R&R. The original IFP motion (Docket no. 3) is DENIED WITHOUT PREJUDICE. The Court accepts the amended complaint as filed, rendering moot the recommendation that the original complaint be dismissed. The renewed IFP motion (Docket no. 7) is REFERRED to Judge Gallo, and the order of reference (Docket no. 4) remains in effect.
IT IS SO ORDERED.
Source: Leagle
