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Antonia C. Smith v. Daniel Horton; the Ridgeway Courthouse; and Cps

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


June 25, 2012

ANTONIA C. SMITH, PLAINTIFF,
v.
DANIEL HORTON; THE RIDGEWAY COURTHOUSE; AND CPS; DEFENDANTS.

FINDINGS AND RECOMMENDATIONS

This action, in which plaintiff is proceeding in propria persona and in forma pauperis, is before the undersigned pursuant to Eastern District of California Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1). On April 19, 2012, the court dismissed plaintiff's complaint and granted plaintiff thirty days to file an amended complaint. Dckt. No. 3. Then, on May 8, 2012, plaintiff filed a document labeled "First Amended Complaint." Dckt. No. 4. However, because the purported amended complaint was not a complete amended complaint and instead was intended as a supplement to plaintiff's initial complaint, on May 9, 2012, the court dismissed plaintiff's purported amended complaint. Dckt. No. 5. Plaintiff was granted thirty days to file a proper second amended complaint and was warned that failure to file a second amended complaint would result in a recommendation that this action be dismissed. Id. at 3.

The thirty day period has expired and plaintiff has not filed a second amended complaint or otherwise responded to the court's order. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice, and that the Clerk be directed to close this case. Fed. R. Civ. P. 41(b); L.R. 110.

These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Failure to file objections within the specified time may waive the right to appeal the District Court's order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

20120625

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