Reyes v. Young et al

Filing 24

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/05/16 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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DAVID REYES,

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No. 2:14-cv-2711 KJM CKD P
Plaintiff,

v.

ORDER

A. YOUNG, et al.,
Defendants.

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By order filed November 23, 2015, the First Amended Complaint was dismissed, and

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plaintiff was granted thirty days to file a Second Amended Complaint. That period has passed,

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and plaintiff has not filed an amended complaint or otherwise responded to the court’s order. For

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this reason, and in light of the history of this action (see ECF No. 23), the undersigned will

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recommend dismissal of this action.

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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. Martinez v. Ylst, 951 F.2d 1153

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(9th Cir. 1991).

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Dated: January 5, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/reye2711.fta(3)

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