Damon Witherbee v. Dan Dow

Case 2:22-cv-02027-MWF-MAR Document Filed 08/09/ Page 1 of Page ID #:

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UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

6 7 DAMON WITHERBEE, Case No. 2:22-cv-2027-MWF (MAR) 8 Plaintiff, 9 v. ORDER DISMISSING FIRST AMENDED COMPLAINT WITH

DAN DOW, ET AL., LEAVE TO AMEND

11 Defendants. 12 13 I. INTRODUCTION On July 10, 2022, Damon Lloyd Witherbee (“Plaintiff”), proceeding pro se, constructively filed1 the instant First Amended Complaint (“FAC”). ECF Docket No. (“Dkt.”) 11 at 1, 6. For the reasons discussed below, the Court dismisses the FAC with leave to amend. If Plaintiff desires to pursue this action, he is ORDERED to respond by no later than September 5, 2022, by choosing one of the three (3) options discussed in Part V, below. Further, Plaintiff is admonished that, if he fails to timely respond, the Court will recommend that this action be dismissed without further leave to amend and with prejudice for failure to state a claim and follow…