Sabetta et al v. National Railroad Passenger Corporation et al

Filing 18

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 2/21/12 recommending that this Action be dismissed without prejudice. These Findings and Recommendations are referred to U.S. District Judge John A. Mendez. Objections to these F&R due within fourteen days. (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANNE SABETTA, et al.,

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Plaintiffs,

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No. CIV S-11-0554 JAM CKD PS

vs.
NATIONAL RAILROAD PASSENGER
CORPORATION, et al.,

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Defendants.
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FINDINGS & RECOMMENDATIONS
/

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By order filed November 18, 2011, plaintiffs’ first amended complaint was

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dismissed and thirty days leave to file a second amended complaint was granted. Plaintiffs

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requested an extension of time and on January 5, 2012, plaintiffs were granted a thirty day

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extension of time to file a second amended complaint. The thirty day period has now expired,

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and plaintiff s have not filed a second amended complaint or otherwise responded to the court’s

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order.

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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.” 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: February 21, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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sabetta2.fta

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