Celentano v. American with Disabilities Office et al

Filing 13

ORDER VACATING 11 FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/21/12. The plaintiff is granted 30 days to file a second amended complaint. (Manzer, C)

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

vs.
AMERICANS WITH DISABILITIES
OFFICE, SACRAMENTO SUPERIOR
COURT; SACRAMENTO SUPERIOR
COURT; JUDICIAL COUNCIL OF
CALIFORNIA; and DOES 1-10,
Defendants.

ORDER
/

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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. Because the deadline passed and plaintiff failed to file a second amended

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complaint, on July 17, 2012, the undersigned issued findings and recommendations,
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recommending that the action be dismissed without prejudice for failure to prosecute. Dckt. No.

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11.

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On August 3, 2012, plaintiff filed objections to the findings and recommendations. Dckt.

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No. 12. Although the objections do not respond to the findings and recommendations, and

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instead appear to be challenging the analysis stated in this court’s June 11, 2012 order dismissing

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plaintiff’s first amended complaint, Dckt. No. 10, because plaintiff is now attempting to

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prosecute this action, the recommendation that the action be dismissed for failure to prosecute

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will be vacated.1 Plaintiff will be given additional time within which to file a second amended

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complaint. However, plaintiff is admonished that a failure to timely amend her complaint will

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once again result in a recommendation that this action 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.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The July 17, 2012 findings and recommendations are vacated.

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2. Plaintiff is granted thirty days from the date of this order to file a second amended

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complaint, as provided in the June 11, 2012 order. The second amended complaint must bear the

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docket number assigned to this case and must be labeled “Second Amended Complaint.”

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3. If plaintiff fails to timely file a second amended complaint, the undersigned will once

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again recommend that this case be dismissed for failure to prosecute and/or for failure to comply

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with court orders.

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DATED: August 21, 2012.

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However, the June 11, 2012 order dismissing plaintiff’s first amended complaint will not
be vacated.
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