Blank v. Starbucks et al

Filing 4

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 6/16/17 RECOMMENDING that this action be dismissed, without prejudice, for lack of prosecution and for failure to comply with the Court's order re 1 Complaint. These Findings and Recommendations are submitted U.S. District Judge John A. Mendez; Objections to these F&R due within twenty-one days. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PAUL BLANK,

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No. 2:16-cv-2777 JAM AC PS
Plaintiff,

v.

FINDINGS AND RECOMMENDATIONS

STARBUCKS, LOAVES AND FISHES,

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Defendants.

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Plaintiff is proceeding in this action pro se. The action was accordingly referred to the

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undersigned for pretrial matters by E.D. Cal. R. (“Local Rule”) 302(c)(21). On November 29,

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2016, the court dismissed the complaint, and granted plaintiff 30 days to file an amended

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complaint. ECF No. 3. Plaintiff was cautioned that failure to do so could lead to a

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recommendation that the action be dismissed. Plaintiff has not responded to the court’s orders,

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nor taken any action to prosecute this case.

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Therefore, IT IS HEREBY RECOMMENDED that this action be dismissed, without

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prejudice, for lack of prosecution and for failure to comply with the court’s order. See Fed. R.

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Civ. P. 41(b).

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

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assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one

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(21) days after being served with these findings and recommendations, plaintiff may file written
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objections with the court. Such document should be captioned “Objections to Magistrate Judge’s

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Findings and Recommendations.” Local Rule 304(b). Plaintiff is advised that failure to file

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objections within the specified time may waive the right to appeal the District Court’s order.

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

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DATED: June 16, 2017

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