Brown v. Martinez, et al.

Filing 47

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/13/15 recommending that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell. 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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ANERAE V. BROWN,

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No. 2:13-cv-2369-GEB-EFB P (TEMP)

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

P. MARTINEZ et al.,
Defendants.

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On September 16, 2015, the assigned district judge in this case adopted then-Magistrate

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Judge Dale A. Drozd’s findings and recommendations in full and granted defendants’ motions to

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dismiss plaintiff’s complaint for failure to state a claim. ECF Nos. 43, 45. The court also granted

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plaintiff thirty days leave to file a supplemental complaint for the limited purpose of curing the

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deficiency of his due process claim against defendants. That thirty-day period has now expired,

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and plaintiff has not filed his supplemental complaint or otherwise responded to the court’s order.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be 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, 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 response to the

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objections shall be filed and served within fourteen days after service of the objections. The

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parties are advised that failure to file objections within the specified time may waive the right to

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appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez

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v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: November 13, 2015.

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