Gallegos v. Thayer

Summary

A magistrate judge recommends dismissing Benjamin Robert Gallegos's 42 U.S.C. § 1983 action without prejudice because he failed to file a required second amended complaint. The recommendation also advises denying as moot his request for injunctive relief and explains the procedure and deadline for filing objections.

Holdings

1. The magistrate judge recommended that the action be dismissed without prejudice because plaintiff failed to file the required second amended complaint by the court-ordered deadline.
2. The magistrate judge recommended denying plaintiff's request for injunctive relief as moot.

Questions Presented

1. Whether the action should be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) and Local Rule 110 because plaintiff failed to file a second amended complaint by the court-ordered deadline.
2. Whether plaintiff's request for injunctive relief should be denied as moot following the recommended dismissal.

Disposition

other