(PS) Hernandez v. McCauley, No. 2:2017cv01682 - Document 4 (E.D. Cal. 2017)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 10/9/17 Recommending that Plaintiff's Complaint be dismissed with prejudice for failure to obey a court order and failure to prosecute re 1 Complaint. The Clerk of the Court should be directed to close this file. These Findings and Recommendations are submitted to Judge Garland E. Burrell, Jr. Objections to these F&Rs due within fourteen (14) days. (Mena-Sanchez, L)
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(PS) Hernandez v. McCauley Doc. 4 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 GREG HERNANDEZ, 11 No. 2:17-cv-01682-GEB-GGH Plaintiff, 12 v. 13 LISA McCAULEY, 14 FINDINGS AND RECOMMENDATIONS Defendant. 15 16 Plaintiff is proceeding pro se in this matter which was assigned to the magistrate judge 17 pursuant to Eastern District of California Local Rule 302(c)(17). On August 24, 2017 the 18 undersigned granted plaintiff’s in forma pauperis application, but dismissed his complaint with 19 leave to amend in conformity with the standards set out in the Order. Plaintiff was given 30 days 20 to comply with the Order by filing an amended complaint. He did not do so. Plaintiff was given 21 notice in the Order that the failure to file an amended complaint meeting the pleading 22 requirements outlined in the Order could result in a recommendation that his complaint be 23 dismissed with prejudice. 24 25 26 27 28 Plaintiff has filed no Amended Complaint. In light of these facts, IT IS HEREBY RECOMMENDED that: 1. Plaintiff’s Complaint should be dismissed with prejudice for failure to obey a court order and failure to prosecute; 2. The Clerk of the Court should be directed to close this file. 1 Dockets.Justia.com 1 This Recommendation is submitted to the United States District Judge assigned to the 2 case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14) days after being 3 served with these findings and recommendations, the plaintiff may file written objections with the 4 court. Such a document should be captioned “Objections to Magistrate Judge's Findings and 5 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 6 may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 7 Cir.1991). 8 9 10 11 IT IS SO RECOMMENDED. Dated: October 9, 2017 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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