-EFB (PS) Thomas v. Parker Development, No. 2:2011cv02146 - Document 5 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 12/1/11 RECOMMENDING that this action be dismissed without prejudice, and that the Clerk be directed to close this case. Case is referred to Judge Lawrence K. Karlton. Within 14 days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. (Kastilahn, A)
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-EFB (PS) Thomas v. Parker Development Doc. 5 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 B. KIM THOMAS, Plaintiff, 11 12 13 14 No. CIV 11-2146 LKK EFB PS vs. PARKER DEVELOPMENT, Defendant. FINDINGS AND RECOMMENDATIONS / 15 16 This action, in which plaintiff is proceeding in propria persona and in forma pauperis, is 17 before the undersigned pursuant to Eastern District of California Local Rule 302(c)(21). See 28 18 U.S.C. § 636(b)(1). On September 7, 2011, the court dismissed plaintiff’s complaint for failure 19 to state a claim pursuant to 28 U.S.C. § 1915(e)(2). Dckt. No. 4. The dismissal order explained 20 the complaint’s deficiencies, gave plaintiff 30 days to file an amended complaint correcting 21 those deficiencies, and warned plaintiff that failure to file an amended complaint would result in 22 a recommendation that this action be dismissed. 23 24 25 26 The 30-day period has expired and plaintiff has not filed an amended complaint or otherwise responded to the court’s order. 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. 1 Dockets.Justia.com 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 3 after being served with these findings and recommendations, any party may file written 4 objections with the court and serve a copy on all parties. Such a document should be captioned 5 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 6 within the specified time may waive the right to appeal the District Court’s order. Turner v. 7 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 8 Dated: December 1, 2011. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2