(PS) Trail v. Wilkie ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBIN TRAIL, No. 2:20-cv-2498 JAM DB PS 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 ROBERT WILKIE, SECRETARY, (VHA), 15 16 Defendant. 17 18 Plaintiff Robin Trail is proceeding in this action pro se. This matter was referred to the 19 undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). By order 20 signed April 1, 2021, plaintiff’s complaint was dismissed, and plaintiff was granted leave to file 21 an amended complaint that cured the defects noted in that order. (ECF No. 3.) Plaintiff was 22 granted twenty-eight days from the date of that order to file an amended complaint and was 23 specifically cautioned that the failure to respond to the court’s order in a timely manner might 24 result in a recommendation that this action be dismissed. (Id. at 7.) The twenty-eight-day period 25 has expired, and plaintiff has not responded to the court’s order in any manner. 26 //// 27 //// 28 //// 1 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 2 | prejudice. See Local Rule 110; Fed.R. Civ. P. 41(b). 3 These findings and recommendations will be 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 thirty days after 5 | being served with these findings and recommendations, plaintiff may file written objections with 6 | the court. A document containing objections should be titled “Objections to Magistrate Judge’s 7 | Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 8 || specified time may, under certain circumstances, waive the right to appeal the District Court’s 9 | order. See Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 | Dated: October 15, 2021 11 12 B ORAH BARNES UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 DLB:6 26 | DB\orders\orders.pro se\tanksley 1815 .fta.f&rs 27 28