Risby

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JEROME RISBY, Case No. 23-cv-04842-JSW

8 Plaintiff, ORDER REGARDING REPORT AND

RECOMMENDATION AND

9 v. DISMISSING WITHOUT LEAVE TO

AMEND

10 REBECCA HAWLEY, Re: Dkt. Nos. 2, 7, 9, 14, 16 Defendant. 11

12 13 This matter comes before the Court upon consideration of the Report and 14 Recommendation (“Report”) issued by Chief Magistrate Judge Donna M. Ryu granting Plaintiff’s 15 applications to proceed in forma pauperis and recommending that the Court dismiss his complaint, 16 with leave to amend. The applications to proceed in forma pauperis are GRANTED. 17 Plaintiff did not file objections to the Report. Instead, on January 17, 2024, Plaintiff filed 18 an amended complaint. Therefore, the Court will rely on the analysis in the Report to determine if 19 Plaintiff should be permitted to proceed based on the allegations in the Amended Complaint. See 20 28 U.S.C. § 1915(e)(2)(B)(i)-(iii). The Court must construe a pro se plaintiff’s complaint 21 …