(PS) Kappia v. U.S. Department of Education et al, No. 2:2019cv02091 - Document 4 (E.D. Cal. 2020)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 10/12/2020 RECOMMENDING that this action be dismissed without prejudice. Referred to District Judge Morrison C. England, Jr. Objections due within 30 days after being served with these findings and recommendations. (Huang, H)
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(PS) Kappia v. U.S. Department of Education et al Doc. 4 Case 2:19-cv-02091-MCE-DB Document 4 Filed 10/13/20 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOE MAMERY KAPPIA II, 12 Plaintiff, 13 14 15 No. 2:19-cv-2091 MCE DB PS v. FINDINGS AND RECOMMENDATIONS UNITED STATES DEPARTMENT OF EDUCATION, et al., 16 Defendants, 17 18 Plaintiff Joe Kappia is proceeding in this action pro se. This matter was referred to the 19 undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). By order 20 signed March 31, 2020, plaintiff’s complaint was dismissed, and plaintiff was granted leave to 21 file an amended complaint that cured the defects noted in that order. (ECF No. 3.) Plaintiff was 22 granted sixty days from the date of that order to file the amended complaint and was specifically 23 cautioned that the failure to respond to the court’s order in a timely manner would result in a 24 recommendation that this action be dismissed. (Id. at 5.) The sixty-day period has expired, and 25 plaintiff has not responded to the court’s order in any manner. 26 //// 27 //// 28 //// 1 Dockets.Justia.com Case 2:19-cv-02091-MCE-DB Document 4 Filed 10/13/20 Page 2 of 2 1 2 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 3 These findings and recommendations will be submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within thirty days after 5 being served with these findings and recommendations, plaintiff may file written objections with 6 the court. A document containing objections should be titled “Objections to Magistrate Judge’s 7 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 8 specified time may, under certain circumstances, waive the right to appeal the District Court’s 9 order. See Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 Dated: October 12, 2020 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DLB:6 DB\orders\orders.pro se\kappia2091.fta.f&rs 25 26 27 28 2
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