Sneed v. Faulk

Filing 20

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/20/16 recommending that this action be dismissed without prejudice. Referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DONNIE KAY SNEED, 12 13 14 15 No. 2:15-cv-0572 TLN KJN P (TEMP) Plaintiff, v. FINDINGS AND RECOMMENDATIONS HDSP MEDICAL STAFF et al., Defendants. 16 17 Plaintiff is a state prisoner, proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. 18 § 1983. On October 20, 2015, then-Magistrate Judge Dale A. Drozd dismissed plaintiff’s 19 complaint and granted him thirty days leave to file an amended complaint. On December 3, 20 2015, the undersigned granted plaintiff an additional thirty-five days to file an amended 21 complaint. That thirty-five day period has now expired, and plaintiff has not filed an amended 22 complaint or otherwise responded to the court’s order. 23 24 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, plaintiff may file written objections 28 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 1 1 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 2 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 3 (9th Cir. 1991). 4 Dated: January 20, 2016 5 6 7 snee0572.fta 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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