Mester v. Dickinson et al

Filing 102

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 09/19/11 recommending that defendant Reed be dismissed from this action, and this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 21 days. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MORRIS MESTER,

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Plaintiff,

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No. 2:09-cv-3307 KJM KJN P

vs.
MILLER1 AND REED,

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Defendants.

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FINDINGS & RECOMMENDATIONS
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By order filed August 9, 2011, plaintiff was ordered to show cause, within thirty

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days, why plaintiff’s claims against defendant Reed should not be dismissed based on plaintiff’s

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failure to exhaust his administrative remedies prior to filing the instant action. The thirty day

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period has now expired, and plaintiff has not shown cause or otherwise responded to the court's

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order.

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Accordingly, IT IS HEREBY RECOMMENDED that defendant Reed be

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dismissed from this action, and this action be dismissed without prejudice. See Local Rule 110;

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Fed. R. Civ. P. 41(b).

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These findings and recommendations are submitted to the United States District

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Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-

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The court recommended that defendant Miller be dismissed from this action by findings
and recommendations issued August 8, 2011. (Dkt. No. 98.)

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one days after being served with these findings and recommendations, plaintiff may file written

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objections with the court. The document should be captioned “Objections to Magistrate Judge's

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Findings and Recommendations.” Any response to the objections shall be filed and served

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within fourteen days after service of the objections. Plaintiff is advised that failure to file

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objections within the specified time may waive the right to appeal the District Court's order.

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Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: September 19, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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mest3307.fsc

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