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N.D. Cal.Procedural orderFiled June 28, 2021

Campbell v. Douglas Knights & Associates, Inc.

Judge
Haywood Gilliam
Docket
4:21-cv-01667
Court
U.S. District Court · Northern District of California
Pages
1
Civil Procedure
In one sentence

In Campbell v. Douglas Knights, Judge Gilliam dismissed Campbell’s complaint but allowed an amended complaint within 21 days.

Who this affects

The ruling directly affected Jesste Campbell, whose complaint was dismissed with leave to amend. The defendants were not required to take action under this order.

What happened

In Campbell v. Douglas Knights & Associates, Inc., the court reviewed a magistrate judge’s report and recommendation concerning review of the complaint under a federal statute governing certain screening reviews. No objections were filed by the deadline.

The court adopted the report and recommendation in full. It dismissed the complaint with leave to amend and required Campbell to file an amended complaint within 21 days addressing the deficiencies discussed in the magistrate judge’s order.

Judge Haywood S. Gilliam, Jr. warned that failing to address the deficiencies or meet the deadline could result in dismissal of the entire action without further leave to amend. The opinion provided here does not describe the alleged claims or the deficiencies identified in the earlier order.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Campbell v. Douglas Knights & Associates, Inc. · No. 4:21-cv-01667
Judge
Haywood Gilliam
Date
June 28, 2021

Background

The court reviewed Magistrate Judge Spero’s report and recommendation concerning review of Campbell’s complaint under 28 U.S.C. § 1915. The opinion states that the deadline for objections had passed and that no objections were filed.

Court’s Analysis

The court found the report and recommendation correct, well reasoned, and thorough, and adopted it in every respect. The opinion provided does not include the report and recommendation or the earlier order to show cause, so it does not identify the complaint’s specific deficiencies.

Ruling

The court ordered that the complaint be dismissed with leave to amend. Campbell was required to file an amended complaint within 21 days of the order’s date and to address the deficiencies identified in the order to show cause. The court stated that failure to adequately address those issues, or failure to file an amended complaint by the deadline, could result in dismissal of the action in its entirety without further leave to amend. Judge Haywood S. Gilliam, Jr. signed the order.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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