(PS)Giddens v. Solano County ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD GIDDENS, No. 2:19-cv-19-KJM-EFB PS 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 SOLANO COUNTY, et al., 15 Defendants. 16 17 On March 11, 2020, the court granted defendants’ motion to dismiss plaintiff’s first 18 amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). ECF Nos. 47 & 48. 19 The court dismissed the amended complaint for failure to state a claim, explained the deficiencies 20 therein, and granted plaintiff thirty days in which to file an amended complaint to cure the 21 deficiencies. Id. The time for acting has passed and plaintiff has not filed an amended complaint 22 or otherwise responded to the court’s order. Thus, it appears that plaintiff is unwilling or unable 23 to cure the defects in the complaint. 24 Accordingly, it is RECOMMENDED that this action be DISMISSED for failure to state a 25 claim as set forth in the court’s March 11, 2020 order. ECF No. 48; see ECF No. 47. 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, any party may file written wOASe 2 LD UVM EY UING I MUO VIR eA eT 1 || objections with the court and serve a copy on all parties. Such a document should be captioned 2 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 3 || objections shall be served and filed within fourteen days after service of the objections. The 4 | parties are advised that failure to file objections within the specified time may waive the right to 5 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 6 || v. Yist, 951 F.2d 1153 (9th Cir. 1991). 7 | Dated: May 14, 2020. tid, PDEA 9 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28