Graddy, Sr. v. Ding

Filing 18

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 04/12/16 recommending that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. 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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TRENT B. GRADDY, SR.,

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Plaintiff,

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v.

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No. 2:14-cv-0901 KJM AC P (TEMP)

D. DING,

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FINDINGS AND RECOMMENDATIONS

Defendant.

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By order filed January 11, 2016, plaintiff’s first amended complaint was dismissed and

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thirty days leave to file a second amended complaint was granted. (ECF No.15.) Thirty days

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from that date have now passed, and plaintiff has not filed a second amended complaint or

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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 served and filed 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. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: April 12, 2016

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