Hernandez v. McCauley

Filing 4

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 10/9/17 Recommending that Plaintiff's Complaint be dismissed with prejudice for failure to obey a court order and failure to prosecute re 1 Complaint. The Clerk of the Court should be directed to close this file. These Findings and Recommendations are submitted to Judge Garland E. Burrell, Jr. Objections to these F&Rs due within fourteen (14) days. (Mena-Sanchez, L)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10

GREG HERNANDEZ,

11

No. 2:17-cv-01682-GEB-GGH

Plaintiff,

12

v.

13

LISA McCAULEY,

14

FINDINGS AND RECOMMENDATIONS

Defendant.

15
16

Plaintiff is proceeding pro se in this matter which was assigned to the magistrate judge

17

pursuant to Eastern District of California Local Rule 302(c)(17). On August 24, 2017 the

18

undersigned granted plaintiff’s in forma pauperis application, but dismissed his complaint with

19

leave to amend in conformity with the standards set out in the Order. Plaintiff was given 30 days

20

to comply with the Order by filing an amended complaint. He did not do so. Plaintiff was given

21

notice in the Order that the failure to file an amended complaint meeting the pleading

22

requirements outlined in the Order could result in a recommendation that his complaint be

23

dismissed with prejudice.

24
25
26
27
28

Plaintiff has filed no Amended Complaint. In light of these facts, IT IS HEREBY
RECOMMENDED that:
1. Plaintiff’s Complaint should be dismissed with prejudice for failure to obey a court
order and failure to prosecute;
2. The Clerk of the Court should be directed to close this file.
1

1

This Recommendation is submitted to the United States District Judge assigned to the

2

case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14) days after being

3

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

4

court. Such a document should be captioned “Objections to Magistrate Judge's Findings and

5

Recommendations.” Plaintiff is advised that failure to file objections within the specified time

6

may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th

7

Cir.1991).

8
9
10
11

IT IS SO RECOMMENDED.
Dated: October 9, 2017
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2