Woodson v. Masterson et al

Filing 19

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 10/26/2012 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.; 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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MAURICE WOODSON,

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Plaintiff,
vs.
MASTERSON, et al.,
Defendants.

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No. 2: 11-cv-2477 MCE DAD P

FINDINGS & RECOMMENDATIONS
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By order filed April 5, 2012, plaintiff’s complaint was dismissed and he was

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granted leave to file an amended complaint. On May 3, 2012, plaintiff filed an amended

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complaint, but on May 21, 2012, plaintiff filed a motion for an extension of time to file a

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“complete” amended complaint. Under those circumstances, on August 2, 2012, the court

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disregarded plaintiff’s May 3, 2012 amended complaint and granted plaintiff’s motion for an

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extension of time to file a complete amended complaint. (See Dkt. No. 16.) Thereafter, plaintiff

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sought another extension of time to file an amended complaint. (See Dkt. No. 17.) Plaintiff’s

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request was granted and he was given until October 2, 2012 to file his amended complaint as

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requested. (See Dkt. No. 18.) However, to date, plaintiff has still not filed an amended

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complaint or otherwise responded to the order requiring his amended complaint be filed by

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October 2, 2012.
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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

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Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen

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

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objections with the court. The document should be captioned “Objections to Magistrate Judge’s

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Findings and Recommendations.” Plaintiff is advised that failure to file objections within the

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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951

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F.2d 1153 (9th Cir. 1991).

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DATED: October 26, 2012.

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DAD:dpw
wood2477.fta

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