Barger v. CDCR et al

Filing 28

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/9/15 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GARY DALE BARGER,

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No. 2:15-cv-0072 GEB KJN P

Plaintiff,
v.

FINDINGS & RECOMMENDATIONS

CDCR, et al.,
Defendants.

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By order filed April 23, 2015, plaintiff’s complaint was dismissed and thirty days leave to

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file an amended complaint was granted. (See ECF No. 27.) More than forty-five days from that

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

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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: June 9, 2015

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/barg0072.fta

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