Baca v. Sacramento County Sheriff's Department et al

Filing 15

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 10/1/2012 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Yin, K)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TREDERIALO BACA, 11 Plaintiff, 12 13 No. 2:12-cv-0572 KJM DAD P vs. SACRAMENTO COUNTY SHERIFF’S DEPARTMENT, et al., 14 Defendants. FINDINGS & RECOMMENDATIONS 15 / 16 17 By order filed August 7, 2012, plaintiff’s amended complaint was dismissed and 18 he was granted leave to file a second amended complaint within thirty days. The thirty day 19 period has now expired, and plaintiff has not filed an amended complaint or otherwise responded 20 to the court’s order. 21 22 23 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 24 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 25 days after being served with these findings and recommendations, plaintiff may file written 26 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 1 1 Findings and Recommendations.” Any response to the objections shall be filed and served 2 within fourteen days after service of the objections. Plaintiff is advised that failure to file 3 objections within the specified time may waive the right to appeal the District Court’s order. 4 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 DATED: October 1, 2012. 6 7 8 9 10 11 12 DAD:dpw baca0572.fta 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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