The following excerpt is from Lena v. Foulk, No. 2:16-cv-0152 KJM CKD P (E.D. Cal. 2016):
Whether plaintiff's refusal to file an amended complaint in this action supports dismissal turns on whether the original complaint was properly dismissed, a determination this court is required to make at this juncture. See McKeever v. Block, 932 F.2d 795, 797 (9th Cir. 1991) ("The refusal to file a second amended complaint would not be unreasonable if the first amended complaint was dismissed erroneously. While the magistrate judge can dismiss complaints with leave to amend, the district court necessarily must review that decision before dismissing the entire action."). After review, the court finds dismissal of the original complaint was proper, though not for the reasons given by the magistrate judge. Accordingly, the court will, by this order, confirm dismissal of the original complaint and grant plaintiff an additional period of thirty days in which to file an amended complaint.
The magistrate judge gave the following reasons for dismissing the complaint:
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