Quair v. Gertz
Filing
103
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/6/15 RECOMMEDING that this action be dismissed without prejudice. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SAMMY R. QUAIR, SR.,
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No. 2:11-cv-2293 JAM CKD P
Plaintiff,
v.
ORDER
GERTZ, et al.,
Defendants.
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By order filed August 14, 2015, plaintiff was granted a final extension of time to file an
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amended complaint pursuant to the June 4, 2015 order. (ECF No. 102.) The forty-five days in
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which plaintiff was granted leave to amend has now expired, and plaintiff has not filed an
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amended complaint or otherwise responded to the court’s order. Thus the undersigned will
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recommend dismissal of this action.
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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).
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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: October 6, 2015
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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