(PS) Weinapple v. Bonta

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL PAUL WEINAPPLE, Case No. 2:24-cv-1769-DAD-JDP (PS) 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 ROB BONTA, et al., 15 Defendants. 16 17 On December 16, 2024, I recommended that defendants’ motion to dismiss be granted and 18 plaintiff’s complaint be dismissed with leave to amend. ECF No. 15. On February 19, 2025, the 19 court adopted the findings and recommendations, dismissed the complaint for failure to state a 20 claim, and granted plaintiff thirty days to file a first amended complaint. ECF No. 21. Plaintiff 21 failed to timely file an amended complaint. Accordingly, on March 26, 2025, I ordered him to 22 show cause within fourteen days why this action should not be dismissed. ECF No. 23. I notified 23 him that if he wished to continue with this lawsuit, he must file an amended complaint. I also 24 warned plaintiff that failure to comply with the March 26, 2025 order would result in a 25 recommendation that this action be dismissed. Id. 26 The deadline has passed, and plaintiff has not filed an amended complaint or otherwise 27 responded to the March 26, 2025 order. 28 1 Accordingly, it is hereby RECOMMENDED that: 2 1. This action be dismissed for failure to state a claim for the reasons set forth in the 3 | December 16, 2024 findings and recommendations. 4 2. The Clerk of Court be directed to close the 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 of 7 | service of these findings and recommendations, any party may file written objections with the 8 | court and serve a copy on all parties. Any such document should be captioned “Objections to 9 | Magistrate Judge’s Findings and Recommendations,” and any response shall be served and filed 10 | within fourteen days of service of the objections. The parties are advised that failure to file 11 | objections within the specified time may waive the right to appeal the District Court’s order. See 12 | Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 13 1991). 14 1s IT IS SO ORDERED. 16 | q Sty — Dated: _ April 22, 2025 q_—— 17 JEREMY D. PETERSON 18 UNITED STATES MAGISTRATE JUDGE

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