Dean v. Rausser

Filing 9

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 11/16/2017 RECOMMENDING that Plaintiffs complaint be dismissed without leave to amend, the Clerk of the Court should close this file and no certificate of appealability should issue. Objections due within 14 days after these findings and recommendations are filed. (Hunt, G)

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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 MICHAEL DEAN, 12 Plaintiff, 13 14 No. 2:17-cv-01361-KJM-GGH v. FINDINGS AND RECOMMENDATIONS ROMELDA RAUSSER, 15 Defendant. 16 On July 12, 2017 this court dismissed plaintiff’s complaint with leave to amend within 45 17 18 days of the issuance of the Order. ECF No. 5. That Order was returned to the court as 19 undeliverable on July 19, 2017, and as a consequence, on September 20, 2017, the court issued 20 Findings and Recommendations that the complaint be dismissed for failure to prosecute citing 21 Eastern District of California Local Rule 183(b). ECF No.6. On September 26, 2017, plaintiff 22 filed notice of a new address, ECF No. 7, and the court then became concerned plaintiff had never 23 received the dismissal order. On October 12, 2017, the court issued yet another Order that 24 withdrew the dismissal Recommendation, directed the Clerk to send both of the foregoing Orders 25 to the plaintiff at the newly recorded address, and accompanied it with a new order giving 26 plaintiff another 30 days from the date of the filing of the Order to file an amended complaint. 27 ECF No. 8. 28 //// 1 1 2 The time for filing the amendment has come and gone, and plaintiff has not obeyed the Order. In light of the foregoing, IT IS HEREBY ORDERED AND RECOMMENDED that: 3 4 1. Plaintiff’s complaint should be dismissed without leave to amend for failure obey the court’s Order pursuant to Federal Rule of Civil Procedure 41(c); 5 2. The Clerk of the Court should close this file; and 6 3. No certificate of appealability should issue. 7 These findings and recommendations are submitted to the United States District Judge 8 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 9 after these findings and recommendations are filed, plaintiff may file written objections with the 10 court. The document should be captioned “Objections to Magistrate Judge’s Findings and 11 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 12 may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 13 1991). 14 Dated: November 16, 2017 15 16 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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