(PS) Daniel v. Delta Hawkeye Sercurity Service, No. 2:2013cv01752 - Document 10 (E.D. Cal. 2014)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/7/14 Recommending that this action be dismissed, and that the Clerk be directed to close this case re 1 Complaint filed by Melvin DeVan Daniel. These Findings and Recommendations are submitted to U.S. District Judge Morrison C. England, Jr. Objections to these F&R due within fourteen days. (Mena-Sanchez, L)
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(PS) Daniel v. Delta Hawkeye Sercurity Service Doc. 10 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MELVIN DeVAN DANIEL, 12 Plaintiff, 13 14 15 No. 2:13-cv-1752-MCE-EFB PS v. FINDINGS AND RECOMMENDATIONS DELTA HAWKEYE SECURITY SERVICES; SAN JOAQUIN COUNTY, Defendants. 16 17 This action, in which plaintiff is proceeding in propria persona, was referred to the 18 19 undersigned under Local Rule 302(c)(21), pursuant to 28 U.S.C. § 636(b)(1). On July 3, 2014, 20 the court dismissed plaintiff’s complaint with leave to amend. The order explained the 21 complaint’s deficiencies, gave plaintiff thirty days to file an amended complaint correcting those 22 deficiencies, and warned plaintiff that failure to file an amended complaint would result in a 23 recommendation that this action be dismissed. ECF No. 7. On August 8, 2014, the court granted 24 plaintiff an extension of 60 days in which to file his amended complaint. ECF No. 9 The deadline has passed and plaintiff has not filed an amended complaint or otherwise 25 26 responded to the order. 27 ///// 28 ///// 1 Dockets.Justia.com 1 2 Accordingly, it is hereby RECOMMENDED that this action be dismissed, and that the Clerk be directed to close this case. See Fed. R. Civ. P. 41(b); Local Rule 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, plaintiff may file written 6 objections with the court. Such a document should be captioned “Objections to Magistrate 7 Judge’s Findings and Recommendations.” Failure to file objections within the specified time 8 may waive the right to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 9 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 Dated: November 7, 2014. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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