(PC) Bailey v. California Army National Guard, No. 2:2017cv01707 - Document 15 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 3/23/2018 RECOMMENDING this action be dismissed without prejudice for failure to prosecute. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 STANLEY JEROME JACKSON BAILEY, Plaintiff, 13 14 15 16 No. 2:17-cv-1707 TLN CKD P FINDINGS AND RECOMMENDATIONS v. CALIFORNIA ARMY NATIONAL GUARD, Defendant. 17 18 By order filed January 4, 2018, plaintiff’s complaint was dismissed and he was given 19 thirty days to file an amended complaint. (ECF No. 9.) After the thirty-day period expired 20 without plaintiff filing an amended complaint or otherwise responding to the court’s order, he was 21 given an additional fourteen days to file an amended complaint and warned that failure to do so 22 would result in a recommendation that this case be dismissed without prejudice for failure to 23 prosecute. (ECF No. 13.) Plaintiff has once again failed to file an amended complaint or 24 otherwise respond. 25 26 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice for failure to prosecute. See L.R. 110; Fed. R. Civ. P. 41(b). 27 These findings and recommendations are submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 1 1 after being served with these findings and recommendations, plaintiff may file written objections 2 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 3 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 4 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 5 (9th Cir. 1991). 6 7 IT IS SO ORDERED. Dated: March 23, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 8 9 10 13:bail1707.fta.f&r 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2