(PS) Conerly v. Yap ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CARINA CONERLY, No. 2:21-cv-1132-TLN-CKD PS 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 M.T., et al., 15 Defendants. 16 17 Plaintiff proceeds pro se in this action attempting to state a claim for a civil conspiracy 18 under 42 U.S.C. § 1983. (ECF No. 1.) This matter was referred to the undersigned by Local Rule 19 302(c)(3) pursuant to 28 U.S.C. § 636(b). 20 On July 26, 2021, the court issued an order and findings and recommendations screening 21 the complaint pursuant to 28 U.S.C. § 1915(e) and recommending that plaintiff’s ex parte 22 application for an order granting plaintiff sole legal and physical custody of her minor daughter 23 be denied. (ECF No. 4.) In the July 26, 2021 order, the court determined that the complaint was 24 subject to dismissal because it did not state a cognizable claim for relief. Plaintiff was granted 25 thirty days to file an amended complaint. Plaintiff was warned that failure to file an amended 26 complaint would result in a recommendation that this action be dismissed. The time granted for 27 plaintiff to file an amended complaint has expired and plaintiff has neither filed an amended 28 complaint nor sought an extension of time to do so. ] Based on the foregoing, IT IS RECOMMENDED: 2 1. This action be dismissed for failure to state a claim and failure to prosecute. See Fed. 3 R. Civ. P. 41(b); and 4 2. The Clerk of Court be directed to close this case. 5 These findings and recommendations are submitted to the United States District Judge 6 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 7 || after being served with these findings and recommendations, plaintiff may file written objections 8 | with the court and serve a copy on all parties. Such a document should be captioned 9 || “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 10 | failure to file objections within the specified time may waive the right to appeal the District 11 || Court’s order. Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 12 | Dated: September 16, 2021 / aa / a Ly a 13 CAROLYN K DELANEY 14 UNITED STATES MAGISTRATE JUDGE 15 |] 8.Conerly.1132.fta 16 17 18 19 20 21 22 23 24 25 26 27 28