Opinion
1:24-cv-00060-CL
02-27-2024
RONALD SATISH EMRIT, Plaintiff, v. THE GRAMMY AWARDS on CBS dba The Recording Academy/National Academy of Recording Arts and Sciences, Defendant.
FINDINGS AND RECOMMENDATION
CLARKE, MAGISTRATE JUDGE
Plaintiff Ronald Satish Emrit, self-represented litigant, sought to proceed in forma pauperis (“IFP”) in this action against Defendant the Grammy Awards on CBS. See Compl., ECF No. 1. On January 11, 2024, after screening the Complaint in accordance-with 28 U.S.C. § 1915(e)(2)(B), the Court dismissed the Complaint for failure to state a claim, without prejudice and with leave to file an amended complaint within thirty'(30) days. Order, ECF No. 4.
Plaintiffs IFP Application, ECF No. 2, was held in abeyance to be reconsidered upon the filing of an amended complaint.
More than 30 days, have passed since the Court's Order, and Plaintiff has not filed an amended complaint. Therefore, it is recommended that this case be dismissed for lack of prosecution.
RECOMMENDATION
For the reasons stated above, Plaintiffs case should be DISMISSED with prejudice. This Report and Recommendation will be referred to a district judge. Objections, if any, are due no later than fourteen (14) days after the date this Recommendation is filed. If objections are filed, any response is due within fourteen (14) days after the date the objections are filed. See Fed.R.Civ.P. 72, 6. Plaintiff is advised that the failure to file objections within the specified time may waive the right to appeal the district court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Federal Rule of Appellate Procedure Rule . 4(a)(1) should not be filed until entry of the district court's judgment or appealable order.