Brady v. Marsh et al

Filing 16

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 5/10/11 recommending that this action be dismissed without prejudice. Objections due within 21 days after being served with these Findings and Recommendations.(Duong, D)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSH BRADY,

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Plaintiff,
vs.
MARSH, et al.,
Defendants.

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No. CIV S-10-1658 FCD DAD P

FINDINGS AND RECOMMENDATIONS
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By order filed March 28, 2011, plaintiff’s amended complaint was dismissed and

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thirty days leave to file a second amended complaint was granted. Plaintiff was cautioned that

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failure to do so would result in a recommendation that this action be dismissed. The thirty day

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period has now expired, and plaintiff has not filed a second 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).

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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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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.” Plaintiff is advised that failure to file objections within the

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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951

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F.2d 1153 (9th Cir. 1991).

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DATED: May 10, 2011.

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DAD:9
brad1658.fta

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