(PS) Cramer v. El Dorado Superior Court et al

Filing 5

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 3/11/2025 RECOMMENDING that this action be dismissed for failure to state a claim and failure to prosecute. Referred to Judge Daniel J. Calabretta. Objections due within 14 days after being served with these Findings and Recommendations. (Deputy Clerk OML)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID WESTON CRAMER,

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No. 2:24-cv-01982-DJC-CKD PS

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

EL DORADO COUNTY SUPERIOR
COURT, et. al.,
Defendants.

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Plaintiff proceeds pro se in this action attempting to state a claim for an alleged civil rights

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violation under 42 U.S.C. § 1983. (ECF No. 1.) This matter was referred to the undersigned by

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Local Rule 302(c)(3) pursuant to 28 U.S.C. § 636(b).

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On September 30, 2024, the court issued an order and findings and recommendations

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screening the complaint pursuant to 28 U.S.C. § 1915(e) and dismissing the complaint with leave

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to amend. (ECF No. 4.) Plaintiff was granted thirty days to file an amended complaint or to file a

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notice of voluntary dismissal of the action. Plaintiff was warned that failure to respond would

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result in a recommendation that this action be dismissed. The time granted for plaintiff to respond

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has expired and plaintiff has neither filed an amended complaint nor filed a motion for voluntary

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dismissal.

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Based on the foregoing, IT IS RECOMMENDED:
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1. This action be dismissed for failure to state a claim and failure to prosecute. See Fed.
R. Civ. P. 41(b); and

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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, plaintiff may file written objections

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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.” Plaintiff is advised that

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failure to file objections within the specified time may waive the right to appeal the District

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

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Dated: March 11, 2025
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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Cramerfta.01982

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