(PS) Brittany v. Archuleta Family Reunion, No. 2:2016cv01468 - Document 5 (E.D. Cal. 2016)

Court Description: ORDER and FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 11/16/2016 RECOMMENDING that this matter be dismissed with prejudice for failure to prosecute and failure to obey the Court's order; REFERRING this matter to Judge Troy L. Nunley; ORDERING that written objections be filed within thirty (30) days; DIRECTING the Clerk of Court to submit a copy of this Order to the District Judge assigned to this case and to serve it on the plaintiff. (Michel, G.)

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(PS) Brittany v. Archuleta Family Reunion Doc. 5 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHALLA ALFARO BRITTANY, 12 13 14 15 No. 2:16-cv-01468 TLN GGH (PS) Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATION ARCHULETTA FAMILY REUNION, Defendant. 16 17 18 PROCEDURAL BACKGROUND Plaintiff filed her complaint in pro se on June 28, 2016 seeking damages from defendant 19 for using her car club identification without permission and seeking damages, ECF No. 1, 20 21 together with a Motion to Proceed In Forma Pauperis [“IFP”]. ECF No. 2. On August 15, 2016 22 this court issued an Order denying the IFP Motion without prejudice due to its incompleteness. 23 The court also found the Complaint in its present form to be frivolous pursuant to the holding in 24 O’Loughlin v. Doe, 920 F.2d 614, 617 (9th Cir. 1990), insofar as it failed to meet the requirement 25 26 of Federal Rule of Civil Procedure 8, and explaining the steps that had to be taken to bring a complaint in conformity with the Rule. ECF No. 4. That Order directed that if plaintiff desired 27 28 she could file a complete IFP application and amended complaint within 30 days of the Order and 1 Dockets.Justia.com 1 that the failure to complete application and or an Amended Complaint that conformed to the 2 instructions found in the Federal Rules would lead to a recommendation that this action be 3 dismissed. Id. 4 Plaintiff has filed neither an amended IFP Application nor an Amended Complaint. 5 CONCLUSION 6 7 No action having been taken in response to the court’s Order, this court finds and 8 recommends that this matter be dismissed with prejudice for failure to prosecute and failure to 9 obey the court’s order. 10 11 These findings and recommendations are submitted to the United States District Judge assigned to this case pursuant to the provisions of 28 U.S.C. § 737(b)(1). Within thirty (30) days 12 13 14 after service of this Order plaintiff may file written objections. Such a document should be captioned “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is 15 advised that failure to file objections within the specified time may waive her right to appeal the 16 District Court’s Order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 17 18 IT IS ORDERED THAT the Clerk of the Court shall submit a copy of this Order to the District Judge assigned to this case and serve it on plaintiff. 19 Dated: November 16, 2016 20 21 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2

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