(PS) McDaniel v. Sac Sheriff Dept et al, No. 2:2016cv01471 - Document 4 (E.D. Cal. 2017)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 5/9/17 RECOMMENDING that this action be dismissed, and that the Clerk be directed to close this case. Matter referred to District Judge Morris C. England, Jr.. Within 14 days after being served with these findings and recommendations, plaintiff may file written objections with the court. (Kastilahn, A)
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(PS) McDaniel v. Sac Sheriff Dept et al Doc. 4 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RONNIE McDANIEL, 12 Plaintiff, 13 14 15 No. 2:16-cv-1471-MCE-EFB PS v. FINDINGS AND RECOMMENDATIONS SACRAMENTO COUNTY SHERRIFF’S DEPARTMENT, et al., Defendants. 16 17 On March 22, 2017, the court dismissed plaintiff’s complaint with leave to amend.1 The 18 19 order explained the complaint’s deficiencies, gave plaintiff thirty days to file an amended 20 complaint correcting those deficiencies, and warned plaintiff that failure to file an amended 21 complaint would result in a recommendation that this action be dismissed. ECF No. 3. The deadline has passed and plaintiff has not filed an amended complaint or otherwise 22 23 responded to the order. Accordingly, it is hereby RECOMMENDED that this action be dismissed, and that the 24 25 Clerk be directed to close this case. See Fed. R. Civ. P. 41(b); Local Rule 110. 26 ///// 27 28 1 This action, in which plaintiff is proceeding in propria persona, was referred to the undersigned under Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1). 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, plaintiff may file written 4 objections with the court. Such a document should be captioned “Objections to Magistrate 5 Judge’s Findings and Recommendations.” Failure to file objections within the specified time 6 may waive the right to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 7 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 8 DATED: May 9, 2017. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2