Alston v. City of Sacramento et al

Filing 7

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 2/6/13 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr. Objections due within 14 days. (Manzer, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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C.D. ALSTON,
Plaintiff,

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No. 2:12-cv-2865 GEB AC PS

vs.
CITY OF SACRAMENTO, SACRAMENTO
CITY POLICE DEP’T,

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Defendants.
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FINDINGS & RECOMMENDATIONS
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By order filed December 3, 2012, plaintiff was directed to file a complaint within

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thirty days, as she had only previously filed a motion for temporary restraining order. The thirty

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day period for filing a complaint has now expired, and plaintiff has not filed a complaint or

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otherwise responded to the court's order.

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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

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Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen

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days 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.” The parties are advised

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that failure to file objections within the specified time may waive the right to appeal the District

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Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: February 6, 2013.

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ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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/mb;alst2865.fta

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