Ortiz v. Equifax Credit Information Solutions, Inc. et al

Filing 6

FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/27/2018 RECOMMENDING that this action be dismissed, and that the Clerk be directed to close this case; Referred to Judge Morrison C. England, Jr.; Objections due within 14 days after being served with these F & R's. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RENE ORTIZ,

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Plaintiff,

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No. 2:17-cv-530-MCE-EFB PS

v.

FINDINGS AND RECOMMENDATIONS

EQUIFAX CREDIT INFORMATION
SOLUTIONS, INC., RICHARD F.
SMITH,

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Defendants.

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On January 10, 2018, the court dismissed plaintiff’s complaint with leave to amend.1 The

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order explained the complaint’s deficiencies, gave plaintiff thirty days to file an amended

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complaint correcting those deficiencies, and warned plaintiff that failure to file an amended

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complaint would result in a recommendation that this action be dismissed. ECF No. 3. The court

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subsequently granted plaintiff’s request for an extension of time, ordered her to file her amended

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complaint by June 2, 2018, and again admonished her that failure to file an amended complaint

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would result in a recommendation that this action be dismissed. ECF No. 5.
The deadline has passed and plaintiff has not filed an amended complaint or otherwise

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responded to the order.

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/////

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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).

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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); Local Rule 110.

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

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, plaintiff may file written objections

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with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings

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and Recommendations.” Failure to file objections within the specified time may waive the right

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to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998);

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

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Dated: August 27, 2018.

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