(PS) McCray v. McDuffie ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMILAH MONIQUE MCCRAY, No. 2:22-cv-0803-TLN-CKD PS 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 MARY McDUFFIE, CEO of Navy Federal Credit Union, 15 Defendant. 16 17 18 Plaintiff proceeds without counsel in this action initiated on May 12, 2022. This matter 19 was referred to the undersigned by Local Rule 302(c)(21) pursuant to 28 U.S.C. § 636(b). 20 By order signed on May 27, 2022, the undersigned screened plaintiff’s first amended 21 complaint pursuant to 28 U.S.C. § 1915(e), determined it did not state a claim, and dismissed the 22 first amended complaint with leave to amend. (ECF No. 9.) Plaintiff was granted 30 days to file a 23 further amended complaint. In that order, plaintiff was warned that failure to file an amended 24 complaint would result in a recommendation that this action be dismissed. The time granted for 25 plaintiff to file an amended complaint has expired and plaintiff has not filed an amended 26 complaint, sought an extension of time to do so, or otherwise responded to the court’s order. 27 //// 28 1 Accordingly, for the reasons set forth above, and, in addition, for the reasons set forth in 2 || the order dated May 27, 2022 (ECF No. 9), IT IS HEREBY RECOMMENDED: 3 1. This action be dismissed for failure to state a claim and failure to prosecute. See Fed. 4 R. Civ. P. 41(b); and 5 2. The Clerk of the Court be directed to close this case. 6 These findings and recommendations are submitted to the United States District Judge 7 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 8 | after being served with these findings and recommendations, plaintiff may file written objections 9 || with the court and serve a copy on all parties. Such a document should be captioned 10 || “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 11 | failure to file objections within the specified time may waive the right to appeal the District 12 || Court’s order. Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 13 | Dated: July 27, 2022 / ae □□ / a Ly a 4 CAROLYN K DELANEY 15 UNITED STATES MAGISTRATE JUDGE 16 |] 8.McCray22cv803.fta 17 18 19 20 21 22 23 24 25 26 27 28