Shackelford v. Virtu Investments

Filing 7

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 1/11/2018 RECOMMENDING this action be dismissed and that the Clerk be directed to close this case. Objections due within 14 days after being served with these findings and recommendations. Referred to Judge Troy L. Nunley. (Fabillaran, J)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 DAWNE C. SHACKELFORD, 11 12 13 No. 2:16-cv-1601-TLN-EFB PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS VIRTU INVESTMENTS, LLC, 14 Defendant. 15 16 On October 4, 2017, the court dismissed plaintiff’s complaint with leave to amend.1 The 17 order explained the complaint’s deficiencies, gave plaintiff thirty days to file an amended 18 complaint correcting those deficiencies, and warned plaintiff that failure to file an amended 19 complaint would result in a recommendation that this action be dismissed. ECF No. 4. The court 20 subsequently granted in part plaintiff’s request for an extension of time and directed plaintiff to 21 file an amended complaint by December 29, 2017. ECF No. 6. 22 The deadline has passed and plaintiff has not filed an amended complaint. 23 Accordingly, it is hereby RECOMMENDED that this action be dismissed, and that the 24 Clerk be directed to close this case. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110. 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 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 after being served with these findings and recommendations, plaintiff may file written objections 2 with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 3 and Recommendations.” Failure to file objections within the specified time may waive the right 4 to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); 5 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 Dated: January 11, 2018. 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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