Daniel v. Delta Hawkeye Sercurity Service
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/7/14 Recommending that this action be dismissed, and that the Clerk be directed to close this case re 1 Complaint filed by Melvin DeVan Daniel. These Findings and Recommendations are submitted to U.S. District Judge Morrison C. England, Jr. Objections to these F&R due within fourteen days. (Mena-Sanchez, L)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MELVIN DeVAN DANIEL,
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Plaintiff,
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No. 2:13-cv-1752-MCE-EFB PS
v.
FINDINGS AND RECOMMENDATIONS
DELTA HAWKEYE SECURITY
SERVICES; SAN JOAQUIN COUNTY,
Defendants.
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This action, in which plaintiff is proceeding in propria persona, was referred to the
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undersigned under Local Rule 302(c)(21), pursuant to 28 U.S.C. § 636(b)(1). On July 3, 2014,
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the court dismissed plaintiff’s complaint with leave to amend. The order explained the
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complaint’s deficiencies, gave plaintiff thirty days to file an amended complaint correcting those
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deficiencies, and warned plaintiff that failure to file an amended complaint would result in a
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recommendation that this action be dismissed. ECF No. 7. On August 8, 2014, the court granted
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plaintiff an extension of 60 days in which to file his amended complaint. ECF No. 9
The deadline has passed and plaintiff has not filed an amended complaint or otherwise
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responded to the order.
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Accordingly, it is hereby RECOMMENDED that this action be dismissed, and that the
Clerk be directed to close this case. See Fed. R. Civ. P. 41(b); 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 days
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after being served with these findings and recommendations, plaintiff may file written
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objections with the court. Such a document should be captioned “Objections to Magistrate
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Judge’s Findings and Recommendations.” Failure to file objections within the specified time
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may waive the right to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455
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(9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Dated: November 7, 2014.
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