Downey

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 SAN JOSE DIVISION 8 9 MARK DOWNEY, Case No. 19-cv-04200-BLF

10 Plaintiff, ORDER ADOPTING MAGISTRATE

JUDGE’S REPORT AND

11 v. RECOMMENDATION; DISMISSING

AMENDED COMPLAINT WITHOUT

12 UNITED STATES OF AMERICA, LEAVE TO AMEND; AND

DISMISSING ACTION WITH

13 Defendant. PREJUDICE 14 [Re: ECF 8]

15 16 Plaintiff Mark Downey, proceeding pro se, filed the complaint in this action on July 22, 17 2019, along with an application for leave to proceed in forma pauperis. See Compl., ECF 1; 18 Applic. to Proceed IFP, ECF 2. The case was assigned to Magistrate Judge Nathanael M. Cousins, 19 who granted Plaintiff’s application for leave to proceed in forma pauperis and screened the 20 complaint pursuant to 28 U.S.C. § 1915. See Order, ECF 4. Judge Cousins determined that the 21 complaint, which asserted forty-five claims for relief, did not allege facts sufficient to state a claim…