Wichelman et al v. The Groves at Manzanita Apartments et al

Filing 13

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 7/10/2012 RECOMMENDING that this action be dismissed without prejudice; Referred to Judge Kimberly J. Mueller; Objections due within 14 days after being served with these F & R's. (Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KARL WICHELMAN, et al.,

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Plaintiffs,

No. CIV S-11-3065 KJM CKD PS

vs.
THE GROVES AT MANZANITA
APARTMENTS, et al.,

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Defendants.
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FINDINGS & RECOMMENDATIONS
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By order filed February 22, 2012, plaintiffs’ complaint was dismissed and

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plaintiffs were granted leave to amend within thirty days. On April 2, 2012, the court

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recommended the action be dismissed because plaintiffs had not filed an amended complaint.

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On May 4, 2012 plaintiff Wichelman requested an extension of time to file an amended

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complaint due to plaintiff Sabetta’s incarceration. By order filed May 23, 2012, plaintiffs’

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request for an extension of time was granted and plaintiffs were granted an additional thirty days

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to file an amended complaint. Plaintiffs were cautioned that no further extensions would be

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granted. The thirty day period has now expired, and plaintiff s have not filed an amended

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complaint or otherwise responded to the court’s order.

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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)(l). 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: July 10, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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wichelman2.fta

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