(PS) Kappia v. U.S. Department of Education et al

Filing 4

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 10/12/2020 RECOMMENDING that this action be dismissed without prejudice. Referred to District Judge Morrison C. England, Jr. Objections due within 30 days after being served with these findings and recommendations. (Huang, H)

Case 2:19-cv-02091-MCE-DB Document 4 Filed 10/13/20 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOE MAMERY KAPPIA II,

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Plaintiff,

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No. 2:19-cv-2091 MCE DB PS

v.

FINDINGS AND RECOMMENDATIONS

UNITED STATES DEPARTMENT OF
EDUCATION, et al.,

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Defendants,

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Plaintiff Joe Kappia is proceeding in this action pro se. This matter was referred to the

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undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). By order

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signed March 31, 2020, plaintiff’s complaint was dismissed, and plaintiff was granted leave to

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file an amended complaint that cured the defects noted in that order. (ECF No. 3.) Plaintiff was

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granted sixty days from the date of that order to file the amended complaint and was specifically

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cautioned that the failure to respond to the court’s order in a timely manner would result in a

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recommendation that this action be dismissed. (Id. at 5.) The sixty-day period has expired, and

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plaintiff has not responded to the court’s order in any manner.

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Case 2:19-cv-02091-MCE-DB Document 4 Filed 10/13/20 Page 2 of 2
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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).

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These findings and recommendations will be 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)(1). Within thirty days after

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

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the court. A document containing objections should be titled “Objections to Magistrate Judge’s

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

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specified time may, under certain circumstances, waive the right to appeal the District Court’s

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order. See Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: October 12, 2020

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DLB:6
DB\orders\orders.pro se\kappia2091.fta.f&rs

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