Taylor v. Fowell et al

Filing 11

FINDINGS and RECOMMENDATIONS, recommending that action be dismissed without prejudice, signed by Magistrate Judge Carolyn K. Delaney on 4/2/2013. These Findings and Recommendations are REFERRED to District Judge John A. Mendez. Within 14 days after being served with these F/Rs, plaintiff may file written Objections with Court. (Marciel, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BERNARD TAYLOR, 11 Plaintiff, 12 13 14 vs. FOWELL, DEPUTY #2358, et al., Defendants. 15 16 No. 2:12-cv-2901 JAM CKD PS FINDINGS & RECOMMENDATIONS / By order filed February 26, 2013, plaintiff’s amended complaint was dismissed 17 and thirty days leave to file a second amended complaint was granted. The thirty day period has 18 now expired, and plaintiff has not filed a second amended complaint or otherwise responded to 19 the court’s order. 20 21 22 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 23 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 24 days after being served with these findings and recommendations, plaintiff may file written 25 objections with the court. The document should be captioned “Objections to Magistrate Judge's 26 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 1 1 specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 2 F.2d 1153 (9th Cir. 1991). 3 Dated: April 2, 2013 4 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 4 taylor2901.fta 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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