(PC) Gant v. Shasta County Department of Social Services, No. 2:2010cv00838 - Document 11 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/7/2011 recommending that this action be dismissed. 1 Prisoner Civil Rights Complaint filed by Tony Austin Gant referred to Judge Frank C. Damrell, Jr.; Objections to F&R may be filed within 14 days after being served.(Waggoner, D)
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(PC) Gant v. Shasta County Department of Social Services Doc. 11 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TONY AUSTIN GANT, Plaintiff, 11 vs. 12 13 No. CIV S-10-0838 FCD EFB PS SHASTA COUNTY DEPARTMENT OF SOCIAL SERVICES, et al., 14 Defendants. FINDINGS AND RECOMMENDATIONS 15 / 16 17 This action in which plaintiff is proceeding in propria persona, is before the undersigned 18 pursuant to Eastern District of California Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1). On 19 February 10, 2011, the court dismissed plaintiff’s complaint with leave to amend. The dismissal 20 order explained the complaint’s deficiencies, gave plaintiff 30 days to file an amended complaint 21 correcting those deficiencies, and warned plaintiff that failure to file an amended complaint 22 would result in a recommendation that this action be dismissed. The 30-day period has expired and plaintiff has not filed an amended complaint or 23 24 otherwise responded to the court’s order. 25 //// 26 //// 1 Dockets.Justia.com 1 Accordingly, it is hereby RECOMMENDED that this action be dismissed. 2 These findings and recommendations are submitted to the United States District Judge 3 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 4 after being served with these findings and recommendations, any party may file written 5 objections with the court and serve a copy on all parties. Such a document should be captioned 6 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 7 within the specified time may waive the right to appeal the District Court’s order. Turner v. 8 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 Dated: April 7, 2011. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2