(PS)Jenkins v. Schubert et al, No. 2:2017cv01005 - Document 8 (E.D. Cal. 2017)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/20/2017 RECOMMENDING that the 1 Complaint be dismissed, and that theClerk be directed to close this case. Referred to District Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (York, M)
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(PS)Jenkins v. Schubert et al Doc. 8 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 JAMAL A. JENKINS, 11 12 13 No. 2:17-cv-1005-JAM-EFB PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS ANNE MARIE SCHUBERT, et al., 14 Defendants. 15 16 On July 28, 2017, the court dismissed plaintiff’s complaint with leave to amend.1 The 17 order explained the complaint’s deficiencies, gave plaintiff thirty days to file an amended 18 complaint correcting those deficiencies, and warned plaintiff that failure to file an amended 19 complaint would result in a recommendation that this action be dismissed. ECF No. 7. 20 21 22 23 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. 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after being served with these findings and recommendations, plaintiff may file written objections 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 with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 2 and Recommendations.” Failure to file objections within the specified time may waive the right 3 to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); 4 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 Dated: November 20, 2017. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2