Anderson v. California Medical Facility - Solano

Filing 31

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/4/2016 DENYING plaintiff's 29 motion for leave to file a third amended complaint; and RECOMMENDING this action be dismissed without prejudice. Referred to Judge Troy L. Nunley; Objections to F&R 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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JULIUS ANDERSON,

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Plaintiff,

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No. 2:16-cv-0018 TLN CKD P

v.

ORDER AND

CALIFORNIA MEDICAL FACILITY,
SOLANO, et al.,

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FINDINGS AND RECOMMENDATIONS

Defendants.

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On September 26, 2016, plaintiff filed a second motion seeking leave to file a third

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amended complaint. For the reasons stated in the court’s September 16, 2016 order, plaintiff’s

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motion will be denied.
On August 17, 2016, the court ordered plaintiff to complete and return to the court, within

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thirty days, the USM-285 forms and other documents necessary to effect service on defendants

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Hernandez and Mendoza. That thirty day period has passed, and plaintiff has not responded to

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the court’s order. Accordingly, the court will recommend that this action be dismissed without

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prejudice under Federal Rule of Civil Procedure 41(b).
In accordance with the above, IT IS HEREBY ORDERED that plaintiff’s motion for

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leave to file a third amended complaint (ECF No. 29) is denied; and

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IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See
Fed. R. Civ. P. 41(b).
These findings and recommendations will be 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 Findings and

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Recommendations.” Plaintiff is advised that failure to file objections within the specified time

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may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th

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Cir. 1991).

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Dated: October 4, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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