John-Charles v. Swarthout et al

Filing 15

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 9/9/11 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due 14 days after being served with these findings and recommendations. (Meuleman, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CURTIS M. JOHN-CHARLES,

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Plaintiff,

No. CIV S-11-0568 KJM GGH P

vs.
GARY SWARTHOUT, et. al.,

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Defendants.

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FINDINGS & RECOMMENDATIONS
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By order filed June 17, 2011, the court granted plaintiff twenty-eight days to file a

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second amended complaint. In the June 17th order, the court informed plaintiff of the

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deficiencies in his first amended complaint. The twenty-eight day period has now expired, and

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plaintiff has not filed a second amended complaint or otherwise responded to the court’s order.1

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For the reasons given in the June 17th, order, 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 fourteen

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days after being served with these findings and recommendations, any party may file written

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Mail sent to plaintiff has been returned as undeliverable, but plaintiff has failed to
inform the court of an updated address.
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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections

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shall be served and filed within fourteen days after service of the objections. The parties are

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advised that failure to file objections within the specified time may waive the right to appeal the

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District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: September 9, 2011

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH: AB
char0568.fta

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