Ames v. Virga et al

Filing 25

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 6/6/13 RECOMMENDING that his action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRYON AMES,
Plaintiff,

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No. 2:11-cv-3197 KJM JFM (PC)

vs.
TIM VIRGA, et al.,
Defendants.

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FINDINGS & RECOMMENDATIONS
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By order filed February 27, 2013, plaintiff’s complaint was dismissed and thirty

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days leave to file a third amended complaint was granted. The thirty day period has now

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expired, and plaintiff has not filed a third amended complaint or otherwise responded to the

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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, 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.” Any response to the objections shall be filed and served
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within fourteen days after service of the objections. Plaintiff is advised that failure to file

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objections within the specified time may waive the right to appeal the District Court’s order.

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

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DATED: June 6, 2013

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ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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ames3197.fta(2)

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