Coyle v. Cates et al

Filing 17

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 06/06/13 recommending that this action be dismissed for failure to prosecute. Referred to Judge John A. Mendez. 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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SEAN NICHOLAS COYLE,
Plaintiff,

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No. 2:12-cv-2446 JAM EFB P

vs.
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MATTHEW CATES, et al.,

FINDINGS AND RECOMMENDATIONS

Defendants.
/

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28

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U.S.C. § 636(b)(1). See 28 U.S.C. § 636.

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On March 25, 2013, the court dismissed plaintiff’s complaint with leave to amend. The

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dismissal order explained the complaint’s deficiencies, gave plaintiff 30 days to file an amended

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complaint correcting those deficiencies, and warned plaintiff that failure to file an amended

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complaint would result in this action being dismissed. Despite a 45-day extension of time, Dckt.

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No. 15, plaintiff has failed to file an amended complaint.

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Accordingly, it is hereby RECOMMENDED that this action be dismissed for failure to
prosecute. Fed. R. Civ. P. 41(b); E.D. Cal. Local Rule 110.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
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after being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections

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

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Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: June 6, 2013.

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