Arceo v. DVI, et al

Filing 106

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 05/18/20 ORDERING defendants are relieved from filing a pretrial statement. The pretrial conference set for September 8, 2020, (on the papers) is VACATED. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England Jr. Objections due within 30 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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ANTHONY ARCEO,

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No. 2:11-cv-2396 MCE KJN P

Plaintiff,
v.

ORDER AND FINDINGS &
RECOMMENDATIONS

SOCORRO SALINAS, et al.,

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Defendants.

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By order filed March 3, 2020, this court directed plaintiff to file a pretrial statement on or

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before May 8, 2020. Plaintiff has not responded to the court’s order. Therefore, the court

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recommends that this action be dismissed without prejudice. See Fed. R. Civ. P. 16(f); Local

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Rule 110.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Defendants are relieved from filing a pretrial statement.

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2. The pretrial conference set for September 8, 2020, (on the papers) is vacated; and

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IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See

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Fed. R. Civ. P. 16(f); Local Rule 110.
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 thirty days after

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being served with these findings and recommendations, any party may file written objections with
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the court and serve a copy on all parties. Such a document should be captioned “Objections to

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Magistrate Judge’s Findings and Recommendations.” Any response to the objections shall be

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filed and served within twenty-one days after service of the objections. The parties are advised

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

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

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Dated: May 18, 2020

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/arce2396.fpt

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