Brittany v. Archuleta Family Reunion
Filing
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ORDER and FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 11/16/2016 RECOMMENDING that this matter be dismissed with prejudice for failure to prosecute and failure to obey the Court's order; REFERRING this matter to Judge Troy L. Nunley; ORDERING that written objections be filed within thirty (30) days; DIRECTING the Clerk of Court to submit a copy of this Order to the District Judge assigned to this case and to serve it on the plaintiff. (Michel, G.)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MICHALLA ALFARO BRITTANY,
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No. 2:16-cv-01468 TLN GGH (PS)
Plaintiff,
v.
ORDER AND FINDINGS AND
RECOMMENDATION
ARCHULETTA FAMILY REUNION,
Defendant.
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PROCEDURAL BACKGROUND
Plaintiff filed her complaint in pro se on June 28, 2016 seeking damages from defendant
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for using her car club identification without permission and seeking damages, ECF No. 1,
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together with a Motion to Proceed In Forma Pauperis [“IFP”]. ECF No. 2. On August 15, 2016
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this court issued an Order denying the IFP Motion without prejudice due to its incompleteness.
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The court also found the Complaint in its present form to be frivolous pursuant to the holding in
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O’Loughlin v. Doe, 920 F.2d 614, 617 (9th Cir. 1990), insofar as it failed to meet the requirement
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of Federal Rule of Civil Procedure 8, and explaining the steps that had to be taken to bring a
complaint in conformity with the Rule. ECF No. 4. That Order directed that if plaintiff desired
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she could file a complete IFP application and amended complaint within 30 days of the Order and
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that the failure to complete application and or an Amended Complaint that conformed to the
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instructions found in the Federal Rules would lead to a recommendation that this action be
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dismissed. Id.
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Plaintiff has filed neither an amended IFP Application nor an Amended Complaint.
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CONCLUSION
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No action having been taken in response to the court’s Order, this court finds and
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recommends that this matter be dismissed with prejudice for failure to prosecute and failure to
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obey the court’s order.
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These findings and recommendations are submitted to the United States District Judge
assigned to this case pursuant to the provisions of 28 U.S.C. § 737(b)(1). Within thirty (30) days
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after service of this Order plaintiff may file written objections. Such a document should be
captioned “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is
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advised that failure to file objections within the specified time may waive her right to appeal the
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District Court’s Order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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IT IS ORDERED THAT the Clerk of the Court shall submit a copy of this Order to the
District Judge assigned to this case and serve it on plaintiff.
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Dated: November 16, 2016
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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
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