Lewis v. Child Protective Services, et al.

Filing 5

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 1/11/2018 RECOMMENDING that 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 Morrison C. England, Jr. (Fabillaran, J)

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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 DERRICK JEROME LEWIS, 12 Plaintiff, 13 14 No. 2:16-cv-3049-MCE-EFB PS v. FINDINGS AND RECOMMENDATIONS NBC UNIVERSAL, et al., 15 Defendants. 16 On November 14, 2017, the court dismissed plaintiff’s first amended complaint with leave 17 18 to amend.1 The order explained the complaint’s deficiencies, gave plaintiff thirty days to file an 19 amended complaint correcting those deficiencies, and warned plaintiff that failure to file an 20 amended complaint would result in a recommendation that this action be dismissed. ECF No. 4. The deadline has passed and plaintiff has not filed an amended complaint or otherwise 21 22 responded to the order.2 23 ///// 24 1 25 26 27 28 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). 2 Although it appears from the file that plaintiff’s copy of the order was returned, plaintiff was properly served. It is the plaintiff’s responsibility to keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of the party is fully effective. 1 1 2 Accordingly, it is hereby RECOMMENDED that this action be dismissed, and that the Clerk be directed to close this case. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110. 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, plaintiff may file written objections 6 with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 7 and Recommendations.” Failure to file objections within the specified time may waive the right 8 to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); 9 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 Dated: January 11, 2018. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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