Sharp et al v. The United States
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 8/11/17, ORDERING that the court's 4 findings and recommendations are VACATED and superseded; and RECOMMENDING that this action be DISMISSED without prejudice. Matter REFERRED to District Judge John A. Mendez. Within 14 days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. (Kastilahn, A)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
No. 2:17-cv-0492 JAM CKD PS
THE UNITED STATES,
ORDER AND FINDINGS AND
On March 15, 2017, the court dismissed plaintiff’s complaint and granted her 30 days
leave to file an amended complaint. (ECF No. 3.) Plaintiff did not amend her complaint within
30 days. Therefore, on May 4, 2017, the undersigned recommended that this action be dismissed
without prejudice. (ECF No. 4.)
Subsequently, on June 14, 2017, plaintiff moved for a 60 day extension of time to file
objections, which was granted. (ECF Nos. 6, 7.) On August 8, 2017, plaintiff filed her objections
to the findings and recommendations. (ECF No. 9.) In her objections, plaintiff explains that she
is busy with school and community activities. (See Id. at 2.) She also lists very general
grievances about the circumstances in her community. (See Id. at 2, 7.) However, even assuming
that plaintiff’s diffuse statements are intended to serve as an amended complaint, they fail to state
a cognizable claim for relief because she has failed to allege with any specificity what was done
by whom. (Id. at 7.) Her broad and generic allegations do not include the identity of the alleged
actor or actors, nor do they implicate any recognizable legal cause of action:
An accumulation of ill-circumstantial [sic] obstacles has left me to
struggle and embarrass my community. Socioecomonical [sic]
influence and factors affecting educational materials has burdened
Medical manipulation and imprisonment of many
hours/years of residents has lead to an inbalance [sic] in
communities (families). Business ethics fostered daily are still
questionable. . . Concern is increasing at the forefront of residents
(medical-vetting). Unecessary [sic] hardship to communities, even
with implemented services is still prevalant [sic].
ammend. (amend) [sic]
(Id.) Moreover, nothing in plaintiff’s objections indicate that if she were given more time to
amend her complaint she would be able to cure its defects.
Accordingly, IT IS HEREBY ORDERED that the court’s May 4, 2017 findings and
recommendations (ECF No. 4) are VACATED and superseded.
Furthermore, IT IS HEREBY RECOMMENDED that this action be DISMISSED without
prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).
These findings and recommendations are submitted to the United States District Judge
assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14)
days after being served with these findings and recommendations, any party may file written
objections with the court and serve a copy on all parties. Such a document should be captioned
“Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections
shall be served on all parties and filed with the court within fourteen (14) days after service of the
objections. The parties are advised that failure to file objections within the specified time may
waive the right to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th
Cir. 1998); Martinez v. Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 1991).
Dated: August 11, 2017
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
14/17-492.Sharp v. US. order and F&R dismissal
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