(PS) Shipley v. Yolo County Child Welfare Services et al, No. 2:2020cv02262 - Document 51 (E.D. Cal. 2021)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 10/15/2021 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Troy L. Nunley; Objections to Findings and Recommendations are due within 30 days. (Rodriguez, E)
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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 DESTINY SHIPLEY, 12 Plaintiff, 13 14 No. 2:20-cv-2262 TLN DB PS v. FINDINGS AND RECOMMENDATIONS WHITNEY KULP, et al., 15 Defendants, 16 17 Plaintiff Destiney Shipley is proceeding in this action pro se. This matter was referred to 18 the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). By order 19 signed June 15, 2021, plaintiff’s amended complaint was dismissed, and plaintiff was granted 20 leave to file a third amended complaint that cured the defects noted in that order. (ECF No. 50.) 21 Plaintiff was granted twenty-eight days from the date of that order to file the third amended 22 complaint and was specifically cautioned that the failure to respond to the court’s order in a 23 timely manner might result in a recommendation that this action be dismissed. (Id. at 12.) The 24 twenty-eight-day period has expired, and plaintiff has not responded to the court’s order in any 25 manner. 26 //// 27 //// 28 //// 1 1 2 3 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within thirty days after 5 being served with these findings and recommendations, any party may file written objections with 6 the court and serve a copy on all parties. Such a document should be captioned “Objections to 7 Magistrate Judge’s Findings and Recommendations.” Any reply to the objections shall be served 8 and filed within fourteen days after service of the objections. The parties are advised that failure 9 to file objections within the specified time may waive the right to appeal the District Court’s 10 order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 Dated: October 15, 2021 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DLB:6 DB/orders/orders.pro se/shipley2262.fta.f&rs 27 28 2
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