McDaniel v. Herald Sun News et al

Filing 4

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 08/09/17 RECOMMENDING that this action be dismissed without prejudice; referred to Judge Morrison C. England, Jr. Objections to these F&Rs due within 14 days. (Benson, A.)

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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 RONNIE LEE McDANIEL, et al., 12 No. 2:17-cv-0683 MCE DB PS Plaintiffs, 13 v. FINDINGS AND RECOMMENDATIONS 14 HERALD SUN NEWS, et al., 15 Defendants. 16 Plaintiff, Ronnie Lee McDaniel, is proceeding in this action pro se. This matter was 17 18 referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). 19 By order filed May 12, 2017, plaintiff’s complaint was dismissed and plaintiff was granted leave 20 to file an amended complaint. (ECF No. 3.) Plaintiff was granted twenty-eight days from the 21 date of that order to file an amended complaint. The twenty-eight day period has expired, and 22 plaintiff has not responded to the court’s order in any manner.1 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 23 24 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 25 //// 26 1 27 28 Although it appears from the docket that plaintiff’s copy of the May 12, 2017 order was returned as undeliverable, plaintiff was properly served. It is the plaintiff’s responsibility to keep the court apprised of plaintiff’s 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 These findings and recommendations will be submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen (14) 3 days after being served with these findings and recommendations, plaintiff may file written 4 objections with the court. A document containing objections should be titled “Objections to 5 Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 6 objections within the specified time may, under certain circumstances, waive the right to appeal 7 the District Court’s order. See Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 8 Dated: August 9, 2017 9 10 11 12 13 14 15 16 17 18 19 20 21 22 DLB:6 DB/orders/ se/mcdaniel0683.fta.f&rs 23 24 25 26 27 28 2

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