Jesse James Rayburn v. California Highway Patrol, et al.

Summary

The United States District Court for the Eastern District of California recommends dismissing Jesse James Rayburn’s 42 U.S.C. § 1983 action without prejudice for failure to state a claim. The recommendation follows plaintiff’s failure to file a second amended complaint after being granted leave to amend, and it advises that objections may be filed within twenty-one days.

Questions Presented

1. Whether the action should be dismissed without prejudice for failure to state a claim after plaintiff failed to file a further amended complaint within the time allowed by the court.
2. Whether the matter should be submitted to an assigned district judge through findings and recommendations under 28 U.S.C. § 636(b)(1).

Disposition

other