Gant v. Shasta County Department of Social Services

Full title: TONY AUSTIN GANT, Plaintiff, v. SHASTA COUNTY DEPARTMENT OF SOCIAL…

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Apr 7, 2011

CIV S-10-0838 FCD EFB PS (E.D. Cal. Apr. 7, 2011)

Opinion

TONY AUSTIN GANT, Plaintiff, v. SHASTA COUNTY DEPARTMENT OF SOCIAL SERVICES, et al., Defendants. No. CIV S-10-0838 FCD EFB PS United States District Court, E.D. California. April 7, 2011

          FINDINGS AND RECOMMENDATIONS

          EDMUND F. BRENNAN, Magistrate Judge.

         This action in which plaintiff is proceeding in propria persona, is before the undersigned pursuant to Eastern District of California Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1). On February 10, 2011, the court dismissed plaintiff's complaint with leave to amend. The dismissal order explained the complaint's deficiencies, gave plaintiff 30 days to file an amended complaint correcting those deficiencies, and warned plaintiff that failure to file an amended complaint would result in a recommendation that this action be dismissed.

         The 30-day period has expired and plaintiff has not filed an amended complaint or otherwise responded to the court's order.

         Accordingly, it is hereby RECOMMENDED that this action be dismissed.

         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).