Downs v. California Attorney General

Filing 40

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/31/13 recommending that this action be dismissed without prejudice. Referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GREGORY DOWNS,

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Plaintiff,

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No. 2:12-cv-3057 MCE CKD P

v.

FINDINGS AND RECOMMENDATIONS

CALIFORNIA ATTORNEY GENERAL,

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Defendant.

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By order filed June 4, 2013, plaintiff’s complaint was dismissed with leave to amend.

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The time allotted for filing an amended complaint has expired and plaintiff has not filed an

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amended complaint. Accordingly, IT IS HEREBY RECOMMENDED that this action be

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dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).

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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, plaintiff may file written objections

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with the court. The document should be captioned “Objections to Magistrate Judge’s Findings

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and Recommendations.” Plaintiff is advised that failure to file objections within the specified

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time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153

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(9th Cir. 1991).

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Dated: October 31, 2013

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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down3057.fta

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