(PS) Jacob v. United States Department of Education
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BERHANU JACOB, No. 2:18-cv-2602-MCE-EFB PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS UNITED STATES DEPARTMENT OF
EDUCATION,
15 Defendant.
17 On March 19, 2020, the court screened plaintiff’s complaint pursuant to 28 U.S.C. 18 § 1915(e)(2). The court dismissed the complaint for failure to state a claim, explained the 19 deficiencies therein, and granted plaintiff thirty days in which to file an amended complaint to 20 cure the deficiencies. ECF No. 3. The order warned plaintiff that failure to file an amended 21 complaint could result in the dismissal of this action. The time for acting has passed and plaintiff 22 has not filed an amended complaint or otherwise responded to the court’s order. Thus, it appears 23 that plaintiff is unwilling or unable to cure the defects in the complaint. 24 Accordingly, it is RECOMMENDED that this action be DISMISSED without prejudice 25 for failure to state a claim as set forth in the March 19, 2020 order (ECF No. 3). 26 These…