Bailey v. California Army National Guard

Filing 15

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 3/23/2018 RECOMMENDING this action be dismissed without prejudice for failure to prosecute. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11
12

STANLEY JEROME JACKSON
BAILEY,
Plaintiff,

13
14
15
16

No. 2:17-cv-1707 TLN CKD P

FINDINGS AND RECOMMENDATIONS
v.
CALIFORNIA ARMY NATIONAL
GUARD,
Defendant.

17
18

By order filed January 4, 2018, plaintiff’s complaint was dismissed and he was given

19

thirty days to file an amended complaint. (ECF No. 9.) After the thirty-day period expired

20

without plaintiff filing an amended complaint or otherwise responding to the court’s order, he was

21

given an additional fourteen days to file an amended complaint and warned that failure to do so

22

would result in a recommendation that this case be dismissed without prejudice for failure to

23

prosecute. (ECF No. 13.) Plaintiff has once again failed to file an amended complaint or

24

otherwise respond.

25
26

Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice for failure to prosecute. See L.R. 110; Fed. R. Civ. P. 41(b).

27

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

28

assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
1

1

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

2

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

3

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

4

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

5

(9th Cir. 1991).

6
7

IT IS SO ORDERED.
Dated: March 23, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

8
9
10

13:bail1707.fta.f&r

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2