Linnihan vs Unknown

Filing 26

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 09/11/14 recommending that this action be dismissed without prejudice. Referred to Judge Morrison C. England Jr. Objections due within 21 days. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JOHN WILLIAM LINNIHAN,

12
13
14
15

No. 2:13-cv-02575 MCE AC P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

WARDEN FOULK, et al.,
Defendants.

16
17

By order filed May 14, 2014, the First Amendment and mail tampering allegations

18

contained in plaintiff’s complaint were dismissed with leave to amend within thirty days from the

19

date of the district judge’s review and adoption of the Findings and Recommendation issued the

20

same date. The district judge adopted the Findings and Recommendations on July 9, 2014. ECF

21

No. 25. Plaintiff’s amended complaint therefore was due by August 8, 2014. Thirty days from

22

that date have now passed, and plaintiff has not filed an amended complaint, or otherwise

23

responded to the court’s order.

24
25
26

Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).
These findings and recommendations are submitted to the United States District Judge

27

assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one (21)

28

days after being served with these findings and recommendations, any party may file written
1

1

objections with the court and serve a copy on all parties. Such a document should be captioned

2

“Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections

3

shall be served on all parties and filed with the court within fourteen (14) days after service of the

4

objections. The parties are advised that failure to file objections within the specified time may

5

waive the right to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th

6

Cir. 1998); Martinez v. Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 1991).

7

DATED: September 11, 2014

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2