Ajib v. Financial Assistance, Inc. et al, No. 1:2013cv01451 - Document 6 (E.D. Cal. 2013)

Court Description: FINDINGS and RECOMMENDATIONS recommending that this Action be DISMISSED, With Prejudice, Based on Plaintiff's Failure to State Any Claims Upon Which Relief May Be Granted re 1 Complaint, signed by Magistrate Judge Stanley A. Boone on 12/4/2013. Referred to Judge O'Neill. Objections to F&R due within fourteen (14) days. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 WAJIH AJIB, 12 13 14 Case No. 1:13-cv-01451-LJO-SAB Plaintiff, FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSING ACTION FOR FAILURE TO PROSECUTE v. FINANCIAL ASSISTANCE, INC., et al., OBJECTIONS DUE WITHIN FOURTEEN DAYS 15 Defendants. 16 17 Plaintiff Wajih Ajib, appearing pro se and in forma pauperis, filed this action on 18 September 11, 2013. (ECF No. 1.) On October 8, 2013, the undersigned screened Plaintiff’s 19 complaint and issued findings and recommendations recommending certain claims be dismissed 20 without leave to amend and Plaintiff’s request for injunctive relief be denied. (ECF No. 4.) On 21 October 28, 2013, District Judge Lawrence J. O’Neill issued an order adopting the findings and 22 recommendations and granted Plaintiff thirty days in which to file an amended complaint to 23 correct the deficiencies in his complaint. (ECF No. 5.) More than thirty days have passed and 24 Plaintiff has not filed an amended complaint in compliance with the October 28, 2013 order. As a 25 result, there is no pleading on file which sets forth any claims upon which relief may be granted. 26 Accordingly, pursuant to 28 U.S.C. § 1915(e), it is HEREBY RECOMMENDED that this 27 action BE DISMISSED, with prejudice, based on Plaintiff’s failure to state any claims upon 28 which relief may be granted. 1 1 These findings and recommendations are submitted to the district judge assigned to this 2 action, pursuant to 28 U.S.C. § 636(b)(1)(B) and this Court’s Local Rule 304. Within fourteen 3 (14) days of service of this recommendation, any party may file written objections to these 4 findings and recommendations with the Court and serve a copy on all parties. Such a document 5 should be captioned “Objections to Magistrate Judge’s Findings and Recommendations.” The 6 district judge will review the magistrate judge’s findings and recommendations pursuant to 28 7 U.S.C. § 636(b)(1)(C). The parties are advised that failure to file objections within the specified 8 time may waive the right to appeal the district judge’s order. Martinez v. Ylst, 951 F.2d 1153 9 (9th Cir. 1991). 10 11 12 IT IS SO ORDERED. Dated: December 4, 2013 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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