(PS) Trotter v. Sacramento Housing Program ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CUPID MONIQUE TROTTER, No. 2:22–cv–1552–KJM–KJN PS 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS WITH PREJUDICE 13 v. 14 SACRAMENTO HOUSING AND REDEVELOPMENT AGENCY, et al., 15 Defendants. 16 17 Plaintiff, who is proceeding without counsel in this action, requested leave to proceed in 18 forma pauperis (“IFP”).1 (ECF No. 2.) See 28 U.S.C. § 1915 (authorizing the commencement of 19 an action “without prepayment of fees or security” by a person who is unable to pay such fees). 20 The undersigned granted plaintiff’s IFP application, (screened her complaint as directed by 21 Section 1915), found her complaint failed to state a claim and was otherwise frivolous, and 22 granted plaintiff 28 days to amend so she could attempt to state additional facts that might form 23 the basis of a claim. (ECF No. 3.) In this order, the undersigned cautioned that a failure to file an 24 amended complaint by the required deadline may result in dismissal of the action with prejudice. 25 The deadline has passed without an amended pleading from plaintiff. 26 /// 27 1 Actions where a party proceeds without counsel are referred to a magistrate judge pursuant to 28 E.D. Cal. L.R. 302(c)(21). See 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72. ] Based on the court’s findings in its “Order Granting IFP Request and Granting Leave to 2 | Amend” (ECF No. 3) regarding her claims, as well as the fact that plaintiff has failed to amend 3 || her complaint as instructed by the court, the undersigned RECOMMENDS: 4 1. Leave to amend be WITHDRAWN; 5 2. Plaintiffs claims stated in the complaint (ECF No. 1) be DISMISSED WITH 6 PREJUDICE; and 7 3. The Clerk of the Court be directed to CLOSE this case. 8 | These findings and recommendations are submitted to the United States District Judge assigned to 9 || the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen (14) days after 10 || being served with these findings and recommendations, plaintiff may file written objections with 11 || the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings and 12 || Recommendations.” Plaintiff is advised that failure to file objections within the specified time 13 || may waive the right to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 14 | (9th Cir. 1998); Martinez v. YIst, 951 F.2d 1153, 1156-57 (9th Cir. 1991). 15 || Dated: November 14, 2022 6 Aectl Aharon 17 KENDALL J. NE “rote 1552 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28