Tabatabaee v. Stainer et al

Filing 18

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/4/2016 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge William B. Shubb; 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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ALEX TABATABAEE,

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No. 2:14-cv-2137-WBS-EFB P (TEMP)

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

M. STAINER, et al.,

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Defendants.

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By order filed October 14, 2015, plaintiff’s complaint was dismissed and thirty days leave

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to file an amended complaint was granted. The court has since granted plaintiff two extensions of

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time to file his amended complaint. Most recently, on December 23, 2015, the court granted

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plaintiff a final forty-five days to file an amended complaint. Forty-five days from that date have

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now passed, and plaintiff has not filed an amended complaint or otherwise responded to the

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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, 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. Turner v. Duncan, 158 F.3d 449,

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455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: February 4, 2016.

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