Hooker v. Kimura-Yip et al

Filing 16

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/31/12 recommending that this action be dismissed without prejudice. Referred to Judge Lawrence K. Karlton. Objections due within 21 days. (Plummer, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DONALD OLIVER HOOKER, 11 Plaintiff, 12 13 No. CIV S-11-0899 LKK CKD P vs. T. KIMURA-YIP, et al., 14 Defendants. 15 FINDINGS & RECOMMENDATIONS / 16 By order filed December 22, 2011, plaintiff’s complaint was dismissed and thirty 17 days leave to file an amended complaint was granted. The thirty day period has now expired, and 18 plaintiff has not filed an amended complaint or otherwise responded to the court’s order. 19 20 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 21 These findings and recommendations are submitted to the United States District 22 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 23 one days after being served with these findings and recommendations, plaintiff may file written 24 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 25 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 26 \\\\\ 1 1 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 2 F.2d 1153 (9th Cir. 1991). 3 Dated: January 31, 2012 4 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 de hook0899.fta 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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