(PS) Davenport v. Sacramento County Child Protective Services, No. 2:2016cv00472 - Document 4 (E.D. Cal. 2016)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 12/8/19 RECOMMENDING that the 1 Complaint be DISMISSED with prejudice; Judgment be entered against Plaintiff. Referred to District Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Washington, S)

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(PS) Davenport v. Sacramento County Child Protective Services Doc. 4 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL RUBEN-JACOB DAVENPORT 12 13 14 15 Plaintiff, v. FINDINGS AND RECOMMENDATIONS SACRAMENTO COUNTY CHILD PROTECTIVE SERVICES, Defendant. 16 17 No. 2:16-cv-472 KJM GGH PS On June 17, 2016, this court issued an Order granting plaintiff’s request to proceed with 18 this action in forma pauperis and directing that an Amended Complaint that met the requirements 19 outlined in that Order was to be filed within 30 days of service of the Order or this court would 20 recommend that the action be dismissed. (ECF # 3) The Court record reflects that the Order was 21 served by mail on the same day, June 17, 2016. To date the court has received no Amended 22 Complaint. 23 In light of the foregoing IT IS HEREBY RECOMMENDED THAT: 24 1. The Complaint be dismissed with prejudice; 25 2. Judgment be entered against Plaintiff. 26 These findings and recommendations are submitted to the United States District 27 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen 28 days after being served with these findings and recommendations, Plaintiff may file written 1 Dockets.Justia.com 1 objections with the court and serve a copy on all parties. Such a document should be captioned 2 “Objections to Magistrate Judge's Amended Findings and Recommendations.” Failure to file 3 objections within the specified time may waive the right to appeal the District Court’s order. 4 Turner v. Duncan, 158 F.3d 449, 455 (9th Cir.1998); Martinez v. Ylst, 951 F.2d 1153, 1156-57 5 (9th Cir. 1991). 6 Dated: December 8, 2016 7 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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