Hemsley v. Swarthout et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 5/29/2014 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JOHN HEMSLEY,
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No. 2:12-cv-2930-JAM-EFB P
Plaintiff,
v.
FINDINGS AND RECOMMENDATIONS
G. SWARTHOUT, et al.,
Defendants.
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By order filed April 16, 2014, plaintiff’s first amended complaint was dismissed and thirty
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days leave to file a second amended complaint was granted. More than thirty days from that date
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have now passed, and plaintiff has not filed a second amended complaint, or otherwise responded
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to the court’s order.
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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice. See 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 (14)
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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.” Any reply to the objections
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shall be served on all parties and filed with the court within fourteen (14) days after service of the
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objections. The parties are advised that failure to file objections within the specified time may
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waive the right to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th
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Cir. 1998); Martinez v. Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 1991).
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DATED: May 29, 2014.
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