1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 LINCOLN FINLEY, Case No. 22-cv-03313-HSG

8 Plaintiff, ORDER DISMISSING WITHOUT LEAVE TO AMEND FIRST AMENDED 9 v. COMPLAINT

10 NATIONAL GENERAL AUTO HOME Re: Dkt. No. 17 AND HEALTH INSURANCE, et al., 11 Defendants. 12 13 On September 19, 2022, Magistrate Judge Donna Ryu issued a Report and 14 Recommendation recommending that Plaintiff’s complaint be dismissed with leave to amend 15 because while “Plaintiff fail[ed] to adequately allege an amount in controversy that satisfies the 16 jurisdictional requirement,” it was “possible that with greater explanation, Plaintiff could show 17 that his claims and requested damages exceed $75,000.” Dkt. No. 12 at 4. No objections to the 18 Report and Recommendation were filed and this Court adopted it in every respect. Dkt. No. 16. 19 Plaintiff, proceeding pro se, filed his First Amended Complaint (“FAC”) on November 1, 20 2022. Dkt. No. 17. Plaintiff’s FAC fails to address the deficiencies identified by Judge Ryu in her 21 Report and Recommendation. Based on the nature of the deficiencies in Plaintiff’s FAC and 22 Plaintiff’s failure to correct the deficiencies, the Court finds that granting leave to amend would be 23 futile, and therefore DISMISSES WITHOUT LEAVE TO AMEND Plaintiff’s FAC, Dkt. No. 24 17. See Akhtar v. Mesa,

(9th Cir. 2012) (“[A] district court should not 25 dismiss a pro se complaint without leave to amend unless it is absolutely clear that the deficiencies 26 of the complaint could not be cured by amendment.”) (quotations omitted); see also Chodos v. W. 27 Publ'g Co.,

(9th Cir. 2002) (“[W]hen a district court has already granted a 1 || broad.”) (quotation omitted); Zucco Partners, LLC vy. Digimarc Corp.,

(9th 2 || Cir. 2009) (affirming dismissal without leave to amend where court advised plaintiff of pleading 3 deficiencies but plaintiff failed to correct those deficiencies in amended pleading). 4 The Clerk is DIRECTED to enter judgment in favor of Defendants and to close the case. 5 IT IS SO ORDERED. 6 Dated: 2/14/2023 ’ HAYWOOD S. GILLIAM, JR. 8 United States District Judge 9 10 11 12

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