Ardell v. Sacramento Sheriff's Department et al

Filing 18

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 5/13/13 RECOMMENDING that this action is dismissed. Referred to Judge Lawrence K. Karlton; 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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KENNETH SMITH ARDELL,
Plaintiff,

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No. 2:12-cv-2488 LKK EFB P

vs.
SACRAMENTO SHERIFF’S
DEPARTMENT, et al.,

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Defendants.

FINDINGS AND RECOMMENDATIONS

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Plaintiff proceeds pro se with this civil action. This proceeding was referred to this court

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by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). On April 9, 2013, the court dismissed

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plaintiff’s complaint for failure to state a claim. The dismissal order explained the complaint’s

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deficiencies, gave plaintiff 30 days to file an amended complaint correcting those deficiencies,

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and warned plaintiff that failure to file an amended complaint would result in this action being

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dismissed. The time for acting has passed and plaintiff has not filed an amended complaint or

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otherwise responded to the court’s order.

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Accordingly, it is hereby RECOMMENDED that this action is DISMISSED. 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: May 13, 2013.

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