Delphia Ray v. Commissioner of Social Security

Filing 8

FINDINGS and RECOMMENDATIONS recommending dismissal, with prejudice, of this action for failure to prosecute. Matter referred to Judge Lawrence J. O'Neill with objections to findings due within thirty days of service of this order. Order signed by Magistrate Judge Sandra M. Snyder on 7/7/2015. (Rooney, M)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 DELPHIA RAY, 9 10 11 CASE NO. 1:14-CV-655-LJO-SMS Plaintiff, v. FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSAL FOR FAILURE TO PROSECUTE COMMISSIONER OF SOCIAL SECURITY, 12 Defendant. 13 14 15 Plaintiff Delphia Ray, proceeding in pro se and in forma pauperis, filed her social security 16 complaint on May 2, 2014. Doc. 1. On May 22, 2014, this Court screened the complaint and 17 dismissed it for failure to state a claim with leave to amend. Doc. 5. Service was effectuated the 18 same day. Plaintiff was given thirty days to file an amended complaint curing the deficiencies, and 19 was advised that failure to file an amended complaint within thirty days would result in dismissal 20 with prejudice, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), for failure to state a claim. As of July 1, 21 2015, Plaintiff has not filed an amended complaint. 22 23 24 Hence, it is hereby RECOMMENDED that the action is DISMISSED with prejudice, and the case closed. These findings and recommendations are submitted to the United States District Court 25 Judge assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and Rule 72- 26 304 of the Local Rules of Practice for the United States District Court, Eastern District of 27 California. Within thirty (30) days after being served with a copy, Petitioner may file written 28 objections with the Court, serving a copy on all parties. Such a document should be captioned 1 “Objections to Magistrate Judge’s Findings and Recommendations.” The Court will then review 2 the Magistrate Judge’s ruling pursuant to 28 U.S.C. § 636(b)(1)(C). The parties are advised that 3 failure to file objections within the specified time may waive the right to appeal the District 4 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 6 7 IT IS SO ORDERED. Dated: 8 July 7, 2015 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2  

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