(PS) Sharp et al v. USA, No. 2:2017cv00491 - Document 10 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/17/2018 RECOMMENDING that this action be dismissed, and that the Clerk be directed to close this case. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations.(Washington, S)
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(PS) Sharp et al v. USA Doc. 10 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CALYSTA SHARP, et al., 12 13 14 No. 2:17-cv-491-TLN-EFB PS Plaintiffs, v. FINDINGS AND RECOMMENDATIONS THE UNITED STATES, 15 Defendant. 16 17 On January 10, 2018, the court dismissed plaintiff Calysta Sharp’s complaint with leave to 18 amend.1 The order explained the complaint’s deficiencies, gave plaintiff thirty days to file an 19 amended complaint correcting those deficiencies, and warned plaintiff that failure to file an 20 amended complaint would result in a recommendation that this action be dismissed. ECF No. 9. 21 22 23 24 The deadline has passed and plaintiff has not filed an amended complaint or otherwise responded to the order. 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); E.D. Cal. L.R. 110. 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 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 after being served with these findings and recommendations, plaintiff may file written objections 2 with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 3 and Recommendations.” Failure to file objections within the specified time may waive the right 4 to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); 5 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 Dated: April 17, 2018. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2