Brittany v. Modesto Police Dept

Filing 5

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 5/9/17 RECOMMENDING that this action be dismissed, and that the Clerk be directed to close this case. Matter referred to District Judge Garland E. Burrell, Jr.. Within 14 days after being served with these findings and recommendations, plaintiff may file written objections with the court. (Kastilahn, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

MICHALLA ALFARO BRITTANY,

12

Plaintiff,

13
14
15

No. 2:16-cv-1349-GEB-EFB PS

v.

FINDINGS AND RECOMMENDATIONS

MODESTO POLICE DEPARTMENT, et
al.,
Defendants.

16
17

On March 22, 2017, the court dismissed plaintiff’s complaint with leave to amend.1 The

18
19

order explained the complaint’s deficiencies, gave plaintiff thirty days to file an amended

20

complaint correcting those deficiencies, and warned plaintiff that failure to file an amended

21

complaint would result in a recommendation that this action be dismissed. ECF No. 3.
The deadline has passed and plaintiff has not filed an amended complaint or otherwise

22
23

responded to the order.
Accordingly, it is hereby RECOMMENDED that this action be dismissed, and that the

24
25

Clerk be directed to close this case. See Fed. R. Civ. P. 41(b); Local Rule 110.

26

/////

27
28

1

This action, in which plaintiff is proceeding in propria persona, was referred to the
undersigned under Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1).
1

1

These findings and recommendations are submitted to the United States District Judge

2

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

3

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

4

objections with the court. Such a document should be captioned “Objections to Magistrate

5

Judge’s Findings and Recommendations.” Failure to file objections within the specified time

6

may waive the right to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455

7

(9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

8

DATED: May 9, 2017.

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2