Silva v. Nathu

Filing 18

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 2/06/19 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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE SILVA, 12 Plaintiff, 13 14 No. 2:15-cv-1721 KJM DB P v. FINDINGS AND RECOMMENDATIONS P. NATHU, 15 Defendant. 16 By order issued on September 27, 2017, plaintiff’s complaint was dismissed, and thirty 17 18 days leave to file an amended complaint was granted. (See ECF No. 17). Thirty days from that 19 date have now passed, and plaintiff has not filed an amended complaint, or otherwise responded 20 to the court’s order. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 21 22 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 23 These findings and recommendations are submitted to the United States District Judge 24 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 25 after being served with these findings and recommendations, plaintiff may file written objections 26 with the court and serve a copy on all parties. Such a document should be captioned “Objections 27 to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 28 //// 1 1 objections within the specified time may waive the right to appeal the District Court’s order. 2 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 Dated: February 6, 2019 4 5 6 7 8 DLB:13 DB/ORDERS/ORDERS.PRISONER.CIVIL RIGHTS/silv1721.fta 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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