Hampton v. Virga et al

Filing 12

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 3/11/2014 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E Burrell, Jr.; 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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JAMES HAMPTON,

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Plaintiff,

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No. 2:13-cv-0286 GEB DAD P

v.

FINDINGS & RECOMMENDATIONS

TIM VIRGA,

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Defendants.

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By order filed January 28, 2014, plaintiff’s amended complaint was dismissed and thirty

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days leave to file a second amended complaint was granted. Thirty days from that date have now

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passed, and plaintiff has not filed a second amended complaint or otherwise responded to the

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court’s order.
Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without

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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: March 11, 2014

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DAD:9
hamp0286.fta

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