Nails v. 24 Hour Fitness USA, Inc.

Filing 23

ORDER adopting 22 FINDINGS AND RECOMMENDATIONS and granting 3 Motion to Dismiss signed by District Judge Morrison C. England, Jr on 2/7/17: Plaintiff is granted thirty days from the date of service of this order to file an amended complaint. (Kaminski, H)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANGELA NAILS, 12 13 14 15 No. 2:16-cv-00688-MCE-EFB PS Plaintiff, v. ORDER 24 HOUR FITNESS CENTER, Defendant. 16 17 On December 20, 2016, the magistrate judge filed findings and recommendations herein 18 which were served on the parties and which contained notice that any objections to the findings 19 and recommendations were to be filed within fourteen days. No objections were filed. 20 21 The court has reviewed the applicable legal standards and, good cause appearing, concludes that it is appropriate to adopt the proposed Findings and Recommendations in full. 22 Accordingly, IT IS ORDERED that: 23 1. The proposed Findings and Recommendations filed December 20, 2016, are 24 ADOPTED; 25 2. Defendant’s motion to dismiss (ECF No. 3) is granted; and 26 3. Plaintiff is granted thirty days from the date of service of this order to file an amended 27 complaint. The amended complaint must bear the docket number assigned to this case 28 and must be labeled “First Amended Complaint.” Plaintiff is admonished that failure 1 to timely file an amended complaint will result in a recommendation by the magistrate 2 judge that this action be dismissed. 3 IT IS SO ORDERED. 4 Dated: February 7, 2017 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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