DeJesus v. UnitedHealthcare Group

Opinion

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YVONNE DEJESUS, Case No. 2:25-cv-00815-CDS-EJY

Plaintiff, REPORT AND RECOMMENDATION v.

Defendant.

This action commenced when Plaintiff, proceeding pro se, submitted an application to proceed in forma pauperis (“IFP”) together with a Civil Rights Complaint on March 24, 2025. ECF Nos. 2, 2-2. On May 13, 2025, the Court granted Plaintiff’s IFP application and dismissed her Complaint without prejudice, but with leave to amend. ECF No. 5. The Court gave Plaintiff through and including June 3, 2025 to file an amended complaint. Id. at 4. The Court explained that if Plaintiff failed to comply with the Order it would recommend dismissal of this action without prejudice. Id. As of the date of this Recommendation, Plaintiff has not complied with the Court’s Order; nor has she otherwise communicated with the Court. Accordingly, IT IS HEREBY RECOMMENDED that this matter be dismissed without prejudice for failure to comply with the Court’s Order. Dated this 9th day of June, 2025.

ELAYNA J. YOUCHAH UNITED STATES MAGISTRATE JUDGE

Under Local Rule IB 3-2, any objection to this Report and Recommendation must be in writing and filed with the Clerk of the Court within fourteen (14) days. The Supreme Court holds within the specified time. Thomas v. Arn, 474 U.S. 140, 142 (1985). The Ninth Circuit also held that (1) failure to file objections within the specified time and (2) failure to properly address and brief the objectionable issues waives the right to appeal the District Court’s order and/or appeal factual issues from the order of the District Court. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 1991); Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983).