(PS) Selck v. City of Sacramento ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MORREY SELCK, No. 2:19-cv-341-JAM-EFB PS 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 CITY OF SACRAMENTO, 15 Defendant. 16 17 On March 24, 2020, the court granted defendant’s motion to dismiss plaintiff’s complaint 18 pursuant to Federal Rule of Civil Procedure 12(b)(6). ECF Nos. 19 & 20. The court dismissed 19 the complaint for failure to state a claim, explained the deficiencies therein, and granted plaintiff 20 thirty days in which to file an amended complaint to cure the deficiencies. Id. The time for 21 acting has passed and plaintiff has not filed an amended complaint or otherwise responded to the 22 court’s order.1 Thus, it appears that plaintiff is unwilling or unable to cure the defects in the 23 complaint. 24 ///// 25 ///// 26 1 Although it appears from the file that plaintiff’s copy of the order was returned, plaintiff 27 was properly served. It is the plaintiff’s responsibility to keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of 28 the party is fully effective. wOASe 2 LDV TL VAI RUC et PR eA eT 1 Accordingly, it is RECOMMENDED that this action be DISMISSED for failure to state a 2 || claim as set forth in the court’s March 24, 2020 order. ECF No. 20; see ECF No. 19. 3 These findings and recommendations are submitted to the United States District Judge 4 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 5 || after being served with these findings and recommendations, any party may file written 6 || objections with the court and serve a copy on all parties. Such a document should be captioned 7 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 8 || objections shall be served and filed within fourteen days after service of the objections. The 9 || parties are advised that failure to file objections within the specified time may waive the right to 10 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 11 | v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 12 | Dated: May 14, 2020. 13 Littl ADEM tn EDMUND F. BRENNAN 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28