Hutchinson v. Infante

Filing 16

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 9/26/2017 RECOMMENDING this action be dismissed without prejudice for failure to prosecute. Referred to Judge Kimberly J. Mueller; 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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THOMAS HUTCHINSON,

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Plaintiff,

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v.

No. 2:16-cv-0114 KJM AC P

FINDINGS & RECOMMENDATIONS

J. INFANTE,
Defendant.

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By order filed May 3, 2017, plaintiff’s complaint was dismissed and he was given thirty

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days to file an amended complaint. ECF No. 8. Plaintiff requested an extension of time in order

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to gather exhibits and other documents. ECF No. 11. He was granted a thirty day extension and

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advised that it was not necessary to attach exhibits to his complaint. ECF No. 12. After thirty

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days passed and plaintiff failed to file an amended complaint, he was given an additional twenty-

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one days to file his amended complaint and warned that failure to do so would result in a

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recommendation that this action be dismissed. ECF No. 13. Plaintiff then filed another request

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for an extension of time so that he could obtain documents to attach to the complaint. ECF No.

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14. The request was granted and he was given a final thirty days to amend the complaint. ECF

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No. 15. He was once again advised that he did not need to provide exhibits with his complaint.

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Id. He was also warned that no further extensions would be granted absent a showing of

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extraordinary cause and that failure to file an amended complaint would result in a
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recommendation that this action be dismissed. Id. The thirty day period has now expired and

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

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice for failure to prosecute. See L.R. 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: September 26, 2017

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