Rogers v. Brown et al

Filing 4

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/6/17 Recommending that the Action 1 be Dismissed without prejudice. The Clerk of Court be directed to close this case. These Findings and Recommendations are submitted to U.S. District Judge Troy L. Nunley. Objections to these F&Rs due within fourteen days. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KIM EDWARD ROGERS,

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Plaintiff,

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v.

No. 2:17-cv-02070-TLN-CKD (PS)

FINDINGS AND RECOMMENDATIONS

EDMUND G. BROWN, JR, et al.,

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Defendants.

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Plaintiff, who proceeds pro se, has asserted federal question jurisdiction pursuant to 42

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U.S.C. § 1983. (See ECF No. 1 at 8.) On October 25, 2017, the court granted plaintiff’s

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application to proceed in forma pauperis. (ECF No. 3.) At the same time, the court admonished

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plaintiff that his complaint “lacks sufficient specificity to state a claim upon which relief may be

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granted” and that “to the extent that plaintiff attempts to bring claims on behalf of all African-

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Americans in California, it appears that he lacks standing.” (Id. at 2–3.) Plaintiff was granted 28

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days, from October 25, 2017, to file an amended complaint. (Id. at 4.) Because plaintiff has

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failed to file an amended complaint or request additional time, it appears that he has chosen to

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abandon this action.

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Accordingly, IT IS HEREBY RECOMMENDED that:

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1.

The action be dismissed without prejudice.

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2.

The Clerk of Court be directed to close this case.
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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, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections

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within the specified time may waive the right to appeal the District Court’s order. Martinez v.

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

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Dated: December 6, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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14/ps.17-2070.rogers.F&R dismissal

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