Staar v. Foster

Filing 4

FINDINGS and RECOMMENDATIONS recommending that this action be dismissed, without prejudice signed by Magistrate Judge Allison Claire on 8/15/17. F&R referred to District Judge Kimberly J. Mueller. Objections to F&R due twenty-one (21) days. (Kaminski, H)

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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 MONICA STAAR, 12 No. 2:17-cv-0083 KJM AC PS Plaintiff, 13 v. 14 JERRY FOSTER, 15 FINDINGS AND RECOMMENDATIONS Defendant. 16 17 Plaintiff is proceeding in this action pro se. The action was accordingly referred to the 18 undersigned for pretrial matters by E.D. Cal. R. (“Local Rule”) 302(c)(21). On July 13, 2017, the 19 court dismissed the complaint, and granted plaintiff 30 days to file an amended complaint within 20 30 days. ECF No. 3. Plaintiff was cautioned that failure to do so could lead to a recommendation 21 that the action be dismissed. Plaintiff has not respond to the court’s orders, nor taken any action 22 to prosecute this case. 23 Therefore, IT IS HEREBY RECOMMENDED that this action be dismissed, without 24 prejudice, for lack of prosecution and for failure to comply with the court’s order. See Fed. R. 25 Civ. P. 41(b); Local Rule 110. 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one 28 (21) days after being served with these findings and recommendations, plaintiff may file written 1 1 objections with the court. Such document should be captioned “Objections to Magistrate Judge’s 2 Findings and Recommendations.” Local Rule 304(d). Plaintiff is advised that failure to file 3 objections within the specified time may waive the right to appeal the District Court’s order. 4 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 DATED: August 15, 2017 6 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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