(PS) Ahmed v. San Joaquin Regional Rail Commission, No. 2:2010cv03069 - Document 43 (E.D. Cal. 2012)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 08/27/12 RECOMMENDING that this action be dimissed without prejudice. Objections to these F&Rs due within 14 days; 33 Amended Complaint referred to Judge Garland E. Burrell, Jr. (Benson, A.)
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(PS) Ahmed v. San Joaquin Regional Rail Commission Doc. 43 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 IQTADAR AHMED, Plaintiff, 11 vs. 12 13 No. 2:10-cv-3069-GEB-EFB PS SAN JOAQUIN REGIONAL RAIL COMMISSION, 14 Defendant. FINDINGS AND RECOMMENDATIONS / 15 This case, in which plaintiff is proceeding in forma pauperis and in propria persona, was 16 17 referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1) and Eastern District of California 18 Local Rule 302(c)(21). On June 27, 2012, the undersigned dismissed plaintiff’s second amended 19 complaint, but provided plaintiff thirty days to file a third amended complaint. Dckt. No. 41. 20 The order explained that “[f]ailure to timely file a third amended complaint in accordance with 21 this order will result in a recommendation this action be dismissed.” Id. at 11. The deadline has now passed and plaintiff has not filed a third amended complaint.1 22 23 //// 24 25 26 1 Instead, on July 25, 2012, plaintiff filed a notice with the court indicating that because he does not understand “what Title VII means” and was unable to obtain legal assistance, he “leave[s] the final decision upon the respected courts and honorable judge.” Dckt. No. 42. 1 Dockets.Justia.com 1 2 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice, and that the Clerk be directed to close this case. Fed. R. Civ. P. 41(b); L.R. 110. 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, any party may file written 6 objections with the court and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 8 within the specified time may waive the right to appeal the District Court’s order. Turner v. 9 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 Dated: August 27, 2012. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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