Corbett v. Hawkins et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 2/26/2013 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge John A. Mendez; Objections due within 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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MICHAEL CORBETT,
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Plaintiff,
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No. 2:11-cv-1197 JAM JFM (PC)
vs.
R. MICHAEL HAWKINS, et al.,
Defendants.
FINDINGS & RECOMMENDATIONS
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By order filed December 12, 2012, defendant’s motion to dismiss was granted in
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part but plaintiff was given leave to amend. (See Dkt. No. 37.) Plaintiff was given thirty days to
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file an amended complaint. Plaintiff sought and received an extension of time to file his
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amended complaint until February 11, 2013. To date, plaintiff has failed to file an amended
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complaint pursuant 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, any party may file written
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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: February 26, 2013.
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corb1197.fta
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