Coxon v. Attorney General of the United States ( 2023 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 BENJAMIN COXON, Case No. 21-cv-09384-JD 8 Plaintiff, ORDER ADOPTING REPORT AND 9 v. RECOMMENDATION, AND DISMISSING CASE 10 ATTORNEY GENERAL OF THE UNITED STATES, et al., 11 Defendants. 12 This action was filed by pro se plaintiff Benjamin Coxon against the Attorney General of 13 the United States, “a United States Attorney,” and “a United States District Court.” Dkt. No. 1. 14 After granting Coxon’s application to proceed in forma pauperis, a magistrate judge 15 screened the complaint under 28 U.S.C. § 1915(e)(2)(B) and concluded that it was deficient. Dkt. 16 No. 9. Among other things, Coxon’s complaint was “incomprehensible in almost every respect 17 and fail[ed] to state a viable claim for relief.” Id. at 2. The magistrate judge set a deadline of July 18 14, 2023, for Coxon to file an amended complaint that corrected the identified deficiencies. Id. 19 Coxon did not file an amended complaint by that deadline, and so on July 17, 2023, the 20 magistrate judge issued a report recommending that the case be dismissed for the reasons in the 21 screening order. The time to object to the magistrate judge’s recommendation has long passed, 22 see 28 U.S.C. § 636(b)(1)(C), Fed. R. Civ. P. 72(b), and Coxon has not filed an objection or any 23 other response. 24 The Court’s independent review establishes that Coxon’s complaint is deficient for the 25 reasons stated in the screening order, Dkt. No. 9. In light of Coxon’s failure to file an amended 26 complaint by the deadline set by the magistrate judge, dismissal for lack of prosecution is 27 appropriate. See Ash v. Cvetkov, 739 F.2d 493, 496-97 (9th Cir. 1984). 1 The recommendation, Dkt. No. 10, is consequently adopted, and the case is dismissed 2 || without prejudice under Federal Rule of Civil Procedure 41(b). 3 IT IS SO ORDERED. 4 Dated: December 13, 2023 5 6 JAMES PONATO 7 United fftates District Judge 8 9 10 11 12 13 © 15 16 = 17 Z 18 19 20 21 22 23 24 25 26 27 28