Dawkins v. Arizona Department of Economic Security

Opinion

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9 Elkino Dawkins, Sr, No. CV-24-00237-TUC-RM (MSA)

10 Plaintiff, REPORT AND RECOMMENDATION 11 v.

12 Arizona Department of Economic Security,

13 Defendant. 14 15 This pro se action is brought by Plaintiff Elkino Dawkins. On August 8, the Court 16 screened his complaint pursuant to 28 U.S.C. § 1915(e)(2)(B). (Doc. 9.) The Court found 17 that Plaintiff failed to allege facts showing that this Court has subject matter jurisdiction. 18 (Id. at 2–3.) The Court also found that Plaintiff’s vague factual statement was insufficient 19 to state a claim to relief. (Id. at 1–2.) A magistrate judge can dismiss a complaint with leave 20 to amend, McKeever v. Block, 932 F.2d 795, 798 (9th Cir. 1991), and the undersigned did 21 so here. Plaintiff was given until September 9 to file a first amended complaint, and he was 22 advised that the undersigned would recommend dismissal of his case if he failed to do so. 23 (Doc. 9 at 3–4.) As of today, two weeks after the deadline, he still has not filed an amended 24 pleading. 25 “While the magistrate can dismiss complaints with leave to amend, the district court 26 necessarily must review that decision before dismissing the entire action.” McKeever, 932 27 F.2d at 797. Therefore, the Court will recommend that the presiding district judge review 28 the screening order and dismiss this case for lack of subject matter jurisdiction and failure || to state a claim. 2 kok 3 The Court recommends that the dismissal of Plaintiff Elkino Dawkins’s complaint 4|| (Docs. 1, 9) be affirmed and that this case be dismissed without prejudice. 5 This recommendation is not immediately appealable to the United States Court of 6|| Appeals for the Ninth Circuit. Plaintiff has 14 days from the date of service of this 7 || recommendation to file specific written objections with the district court. Fed. R. Civ. P. 8 || 72(b)(2). Failure to file timely objections may result in the waiver of de novo review. 9|| United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). 10 Dated this 23rd day of September, 2024. 11 \ rete Oy □ 12 United Stars New ae □□□□□ 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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