Jones v. Prater et al

Filing 18

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 9/27/2012 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MALIK JONES,

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Plaintiff,

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vs.

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No. 2:10-cv-01381 JAM KJN P

C. PRATER, et al.,

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Defendants.

FINDINGS & RECOMMENDATIONS
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By order filed June 1, 2012, the court dismissed plaintiff’s amended complaint

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and granted plaintiff leave to file a Second Amended Complaint within thirty days. (Dkt. No.

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16.) Plaintiff was informed that “failure to file a second amended complaint in accordance with

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this order will result in a recommendation that this action be dismissed.” (Id. at 2.) The thirty-

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day period has now expired, and plaintiff has not filed a further amended complaint or otherwise

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responded to the court’s order.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed
without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).
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 fourteen

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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 27, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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jone1381.fta

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