Scott v. Sanches et al

Filing 26

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/3/2011 RECOMMENDING that this action be dismissed w/out prejudice. Referred to Judge William B. Shubb; Objections due w/in 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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HOWARD SCOTT,

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Plaintiff,

No. 2: 10-cv-1664 WBS KJN P

vs.
C/P SANCHES, et al.,
Defendants.

FINDINGS & RECOMMENDATIONS
/

By order filed December 9, 2010, plaintiff’s second amended complaint was

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dismissed and thirty days leave to file a third amended complaint was granted. On January 19,

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2011 and March 23, 2011 plaintiff was granted thirty day extensions of time to file his third

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amended complaint. Thirty days from March 23, 2011, has now expired, and plaintiff has not

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filed a third amended complaint or otherwise 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: May 3, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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sc1664.fta

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