Alston v. Tassone et al

Filing 37

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 10/23/2012 RECOMMENDING that this action be dismissed with prejudice. Referred to Judge John A. Mendez. Objections to F&R due within 14 days. (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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C.D. ALSTON,

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Plaintiff,
vs.
PAUL TASSONE, et al.,
Defendants.

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No. 2:11-cv-2078 JAM GGH PS

FINDINGS & RECOMMENDATIONS
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On June 22, 2012, the undersigned issued findings and recommendations (adopted

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in full by the district judge) dismissing with prejudice some of plaintiff’s claims and requiring

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her to amend the surviving claims and file a second amended complaint. Dkt. 31 at 24; Dkt. 34.

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Specifically, in light of the “hodgepodge fashion” in which the remaining claims appeared in the

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operative complaint, plaintiff was required to amend her pleading to set forth separate causes of

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action for each of the surviving claims against defendants Tassone and Smith. Dkt. 31 at 24.

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She was further directed to refrain from referring to other statutes, laws or constitutional

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provisions in these causes of action and from combining claims within a single cause of action.

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Id. Plaintiff was given until August 24, 2012 to file her amended complaint. See Dkt. 34 at 2.

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That date has long since passed, and plaintiff has not filed an amended complaint or otherwise

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responded to the court’s order.
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Plaintiff has apparently decided to rest on the dismissed claims and has failed to

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comply with the court’s order requiring her to amend. For the reasons given in the June 22,

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2012, order, IT IS HEREBY RECOMMENDED that this action be dismissed with prejudice.

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See Local Rule 11-110; Fed. R. Civ. P. 41(b).

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These findings and recommendations are submitted to the United States District

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

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days after being served with these findings and recommendations, plaintiff may file written

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objections with the court. The document should be captioned “Objections to Magistrate Judge’s

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Findings and Recommendations.” Plaintiff is advised that failure to file objections within the

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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951

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F.2d 1153 (9th Cir. 1991).

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DATED: October 23, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH9
Alston2078.fta

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