Brown v. Brown

Filing 14

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 07/13/12 recommending that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, 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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DEXTER BROWN,

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Plaintiff,

No. 2:12-cv-0934 KJM KJN P

vs.
EDMUND G. BROWN, et al.,

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Defendants.

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FINDINGS & RECOMMENDATIONS
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By order filed June 6, 2012, plaintiff’s complaint was dismissed and thirty days

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leave to file an amended complaint as to plaintiff’s first claim for relief was granted.1 The thirty

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day period has now expired, and plaintiff has not filed an amended complaint or otherwise

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responded to the 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).

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These findings and recommendations are submitted to the United States District
Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen

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The court recommended that plaintiff’s second and third claims for relief be dismissed
without prejudice based on plaintiff’s conceded failure to exhaust administrative remedies. (Dkt.
No. 11.)
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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 13, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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brow0934.fta

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