Merelo v. Ruiz et al, No. 1:2022cv01579 - Document 8 (E.D. Cal. 2023)
Court Description: ORDER ADOPTING 7 Findings and Recommendations signed by District Judge Ana de Alba on 4/6/2023. CASE CLOSED. (Lundstrom, T)
Download PDF
<![CDATA[
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NARISSA MELERO, 12 13 14 15 16 Plaintiff, No. 1:22-cv-01579-ADA-HBK ORDER ADOPTING FINDINGS AND RECOMMENDATION v. (ECF No. 7) GABRIEL RUIZ, JOSE VARGAS, COUNTY OF FRESNO CHILD PROTECTIVE SERVICES, Defendants. 17 18 Plaintiff Narissa Melero (Plaintiff) is proceeding pro se and in forma pauperis in this 42 19 U.S.C. § 1983 civil rights action. The matter was referred to a United States Magistrate Judge 20 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On December 12, 2022, the Court 21 struck the complaint under Fed. R. Civ. P. 11 because it was not signed and directed Plaintiff to 22 file a signed complaint within 30 days. (ECF No. 4.) On January 17, 2022, after Plaintiff failed 23 to comply with the Court’s order to file a signed complaint, the Court ordered Plaintiff to either 24 file a signed complaint or show good cause why her case should not be dismissed under Fed. R. 25 Civ. P. 41 and Local Rule 110 and 183. (ECF No. 6 at 2.) The order was returned as 26 undeliverable. (See docket.) 27 28 On February 28, 2023, the assigned Magistrate Judge issued findings and recommendations recommending that this matter be dismissed without prejudice for Plaintiff’s 1 failure to comply with this Court’s orders and for failure to prosecute this action pursuant Fed. R. 2 Civ. P. 41 and Local Rules 110 and 183. (ECF No. 7 at 5.) The findings and recommendations 3 contained notice that any objections were to be filed within fourteen (14) days of the date of 4 service. (Id.) The findings and recommendations were returned as undeliverable. (See docket.) 5 To date, Plaintiff has not filed a notice of change of address, filed a signed complaint or filed any 6 objections to the findings and recommendations and the time to do so has expired. 7 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 8 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 9 Court finds the findings and recommendations to be supported by the record and by proper 10 analysis. 11 Accordingly, IT IS SO ORDERED that: 12 1. The findings and recommendation filed on February 28, 2023, (ECF No. 7.), are 13 ADOPTED in full; 14 2. This action is DISMISSED, without prejudice; and 15 3. The Clerk of Court is directed to TERMINATE any pending motions and to CLOSE 16 this case. 17 18 19 20 IT IS SO ORDERED. Dated: April 6, 2023 UNITED STATES DISTRICT JUDGE 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.
