Opinion
3:24-cv-304-JR
03-20-2024
RACHEL MARIE ELDRIDGE, CATHERINE BETTY JEAN HOAGLAND, Plaintiffs, v. HOME FORWARD, et al., Defendants.
FINDINGS & RECOMMENDATION
Jolie A. Russo, United States Magistrate Judge
Pro se plaintiffs bring this action alleging “federal mail tampering” against Home Forward, Ivory Matthews, and “Anna/Robert/ Angel/Christina.” On February 28, 2024, the Court granted plaintiffs' application for leave to proceed in forma pauperis but dismissed the complaint for failure to plead a claim (ECF 5). The Court informed plaintiffs of the deficiencies in the complaint and ordered plaintiffs to file an amended complaint curing the deficiencies within 14 days.
The Court warned plaintiffs that a failure to file an amended complaint as directed would result in dismissal of this action. The amended complaint was due March 13, 2024. To date, plaintiffs have not submitted an amended complaint. Accordingly, this action should be dismissed with prejudice for failure to prosecute and failure to follow a court order.
CONCLUSION
This action should be dismissed with prejudice for failure to prosecute and failure to follow a court order. A judgment should enter.
This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of appeals. Any notice of appeal pursuant to Rule 4(a)(1), Federal Rules of Appellate Procedure, should not be filed until entry of the district court's judgment or appealable order. The parties shall have fourteen (14) days from the date of service of a copy of this recommendation within which to file specific written objections with the court. Thereafter, the parties shall have fourteen (14) days within which to file a response to the objections. Failure to timely file objections to any factual determination of the Magistrate Judge will be considered as a waiver of a party's right to de novo consideration of the factual issues and will constitute a waiver of a party's right to appellate review of the findings of fact in an order or judgment entered pursuant to this recommendation.