Hooker v. Kimura-Yip et al

Filing 50

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 06/23/14 recommending that this action be dismissed. Referred to Judge Lawrence K. Karlton. Objections due within 14 days. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DONALD OLIVER HOOKER,

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No. 2:11-cv-0899 LKK CKD P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

T. KIMURA-YIP, et al.,
Defendants.

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By order filed December 5, 2013, the district court determined that plaintiff’s first

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amended complaint failed to state a claim and dismissed the complaint, granting thirty days’ leave

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to amend. (ECF No. 45.) On April 10, 2014, plaintiff was granted another thirty days’ leave to

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file a second amended complaint. (ECF No. 47.) On May 20, 2014, the deadline was extended

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for an additional five days per plaintiff’s request. (ECF No. 49.) Plaintiff has not timely filed an

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amended complaint.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed. 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 Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, plaintiff may file written objections

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with the court. The document should be captioned “Objections to Magistrate Judge’s Findings
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and Recommendations.” Plaintiff is advised that failure to file objections within the specified

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time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153

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(9th Cir. 1991).

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Dated: June 23, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/ hook0899.fta

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