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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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 SEAN NICHOLAS COYLE, Plaintiff, 10 No. 2:12-cv-2446 JAM EFB P vs. 11 12 13 14 MATTHEW CATES, et al., FINDINGS AND RECOMMENDATIONS Defendants. / 15 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 16 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 17 U.S.C. § 636(b)(1). See 28 U.S.C. § 636. 18 On March 25, 2013, the court dismissed plaintiff’s complaint with leave to amend. The 19 dismissal order explained the complaint’s deficiencies, gave plaintiff 30 days to file an amended 20 complaint correcting those deficiencies, and warned plaintiff that failure to file an amended 21 complaint would result in this action being dismissed. Despite a 45-day extension of time, Dckt. 22 No. 15, plaintiff has failed to file an amended complaint. 23 24 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. 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 1 1 after being served with these findings and recommendations, any party may file written 2 objections with the court and serve a copy on all parties. Such a document should be captioned 3 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 4 within the specified time may waive the right to appeal the District Court’s order. Turner v. 5 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 Dated: June 6, 2013. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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