Bowen v. Post Master General et al, No. 1:2014cv00059 - Document 6 (E.D. Cal. 2014)

Court Description: FINDINGS and RECOMMENDATIONS that Plaintiff's Complaint 1 be Dismissed With Prejudice, signed by Magistrate Judge Sheila K. Oberto on 05/21/14. Referred to Judge Ishii. Twenty-Eight Day Deadline. (Gonzalez, R)

Download PDF
1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 STACY L. BOWEN, Plaintiff, 13 14 15 Case No. 1:14-cv-00059-AWI-SKO FINDINGS AND RECOMMENDATIONS THAT PLAINTIFF'S COMPLAINT BE DISMISSED WITH PREJUDICE v. OBJECTIONS DUE: 28 DAYS POST MASTER GENERAL, et al., 16 17 18 Defendants. ____________________________________/ 19 20 21 I. INTRODUCTION On January 15, 2014, Plaintiff Stacy L. Bowen ("Bowen") filed a complaint under the 22 Americans with Disabilities Act ("ADA") against the Post Master General, the U.S. Postal Service 23 Post Master, Eva Foster, Lance Lopper, and Mel Gonzalez (collectively, "Defendants"). Plaintiff 24 also filed a motion to proceed in forma pauperis, which was granted. 25 On March 26, 2014, the undersigned dismissed Plaintiff's complaint for failure to state a 26 claim upon which relief may be granted and ordered Plaintiff to file an amended complaint within 27 thirty days. 28 U.S.C. § 1915(e). To date, Plaintiff has not complied with or otherwise responded 28 to the Court's order. As a result, there is no pleading on file which sets forth any claims upon 1 which relief may be granted. 2 Accordingly, pursuant to 28 U.S.C. § 1915(e), the undersigned HEREBY 3 RECOMMENDS that this action be dismissed, with prejudice, based on Plaintiff's failure to state 4 any claims upon which relief may be granted. 5 These Findings and Recommendations will be submitted to the United States District 6 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. ' 636(b)(l). Within 7 twenty-eight (28) days after being served with these Findings and Recommendations, Plaintiff 8 may file written objections with the Court. The document should be captioned "Objections to 9 Magistrate Judge's Findings and Recommendations." Plaintiff is advised that failure to file 10 objections within the specified time may waive the right to appeal the District Court's order. 11 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 12 13 14 15 IT IS SO ORDERED. Dated: May 21, 2014 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.