Lacy

Edward Dwayne Lacy, et al. v. Social Security Administration, et al.

Good Law
United States District Court, Northern District of CaliforniaNovember 4, 20254:25-cv-06256California254 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

EDWARD DWANYE LACY, et al., Case No. 25-cv-06256-AGT(AGT)

Plaintiffs,

REPORT AND RECOMMENDATION

v. TO DISMISS AND ORDER ON

PENDING MOTIONS

SOCIAL SECURITY ADMINISTRA-

TION, et al., Dkt. Nos. 4, 15 Defendants.

Plaintiffs Edward Dwayne Lacy and Xavier Dwayne Lacy (collectively, Plaintiffs) haven’t filed an amended complaint, and the deadline by which to do so has now passed. See dkt. 8. For the reasons identified in the prior screening order, id., the undersigned (i) requests that the Clerk of the Court reassign Plaintiffs’ case to a district judge and (ii) recommends that the district judge dismiss Plaintiffs’ complaint, without leave to amend, for failure to state a claim. See 28 U.S.C. § 1915(e)(2)(B)(ii). Plaintiffs have filed a request for an extension of time to serve. Dkt. 15. Since the undersigned is recommending dismissal, this request is denied. Additionally, Plaintiffs filed a “motion for indirect contempt of court order.” Dkt. 4. This motion is denied: defendants had not been served at the time of its filing and therefore had not failed to comply with…

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