Kilpatrick v. Intercoast et al

Filing 4

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/6/12 RECOMMENDING that this action be dismissed without prejudice, and that the Clerk be directed to close this case. Complaint 1 referred to Judge Lawrence K. Karlton. Within 14 days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. (Kastilahn, 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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ELSINA L. KILPATRICK,
Plaintiff,

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vs.

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No. CIV 12-148 LKK EFB PS

INTERCOAST COLLEGE;
CHARLIE BREUM,

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Defendants.

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

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before the undersigned pursuant to Eastern District of California Local Rule 302(c)(21). See 28

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U.S.C. § 636(b)(1). On February 24, 2012, the court dismissed plaintiff’s complaint for failure

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to state a claim pursuant to 28 U.S.C. § 1915(e)(2). Dckt. No. 3. The dismissal order explained

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the complaint’s deficiencies, gave plaintiff 30 days to file an amended complaint correcting

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those deficiencies, and warned plaintiff that failure to file an amended complaint would result in

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a recommendation that this action be dismissed.
The 30-day period has expired and plaintiff has not filed an amended complaint or

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otherwise responded to the court’s order.

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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: April 6, 2012.

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