Celentano v. American with Disabilities Office et al

Filing 11

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 7/17/12 recommending that this action be dismissed without prejudice, and that the Clerk be directed to close this case. These findings and recommendations are submitted to the United States District Judge assigned to the case. Objections to F&R due within 14 days. (Matson, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GEORGIA A. CELENTANO,
Plaintiff,

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vs.

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No. 2:11-cv-3456-JAM-EFB PS

AMERICANS WITH DISABILITIES
OFFICE, SACRAMENTO SUPERIOR
COURT; SACRAMENTO SUPERIOR
COURT; JUDICIAL COUNCIL OF
CALIFORNIA; and DOES 1-10,
ORDER AND
FINDINGS AND RECOMMENDATIONS

Defendants.

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/
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This case, in which plaintiff is proceeding pro se and in forma pauperis, is before the

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undersigned pursuant to Eastern District of California Local Rule 302(c)(21). See 28 U.S.C.

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§ 636(b)(1). On June 11, 2012, the undersigned dismissed plaintiff’s first amended complaint

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pursuant to 28 U.S.C. § 1915(e)(2), but provided plaintiff thirty days to file a second amended

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complaint. Dckt. No. 10. The order explained that “[i]f plaintiff fails to file a second amended

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complaint, the undersigned may recommend that this case be dismissed for failure to prosecute

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and/or for failure to comply with court orders. See Fed. R. Civ. P. 41(b); see also Local Rule

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110.” Id. at 6.

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The deadline has now passed and plaintiff has not filed a second amended complaint.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice,

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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: July 17, 2012.

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