Ahmed v. San Joaquin Regional Rail Commission

Filing 43

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 08/27/12 RECOMMENDING that this action be dimissed without prejudice. Objections to these F&Rs due within 14 days; 33 Amended Complaint referred to Judge Garland E. Burrell, Jr. (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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IQTADAR AHMED,
Plaintiff,

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vs.

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No. 2:10-cv-3069-GEB-EFB PS

SAN JOAQUIN REGIONAL
RAIL COMMISSION,

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Defendant.

FINDINGS AND RECOMMENDATIONS
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This case, in which plaintiff is proceeding in forma pauperis and in propria persona, was

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referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1) and Eastern District of California

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Local Rule 302(c)(21). On June 27, 2012, the undersigned dismissed plaintiff’s second amended

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complaint, but provided plaintiff thirty days to file a third amended complaint. Dckt. No. 41.

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The order explained that “[f]ailure to timely file a third amended complaint in accordance with

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this order will result in a recommendation this action be dismissed.” Id. at 11.
The deadline has now passed and plaintiff has not filed a third amended complaint.1

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Instead, on July 25, 2012, plaintiff filed a notice with the court indicating that because
he does not understand “what Title VII means” and was unable to obtain legal assistance, he
“leave[s] the final decision upon the respected courts and honorable judge.” Dckt. No. 42.
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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice, and that the Clerk be directed to close this case. Fed. R. Civ. P. 41(b); L.R. 110.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections

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within the specified time may waive the right to appeal the District Court’s order. Turner v.

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Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: August 27, 2012.

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