Wimberly v. Malmendier, et al

Filing 17

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/21/2017 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections to F&R due within 14 days after being served with these Findings and Recommendations. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARRY WIMBERLY,

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Plaintiff,

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No. 2:16-cv-0279 KJM KJN P

v.

FINDINGS & RECOMMENDATIONS

JEFFERY BEARD, et al.,

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Defendants.

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By order filed March 8, 2017, plaintiff’s complaint was dismissed and thirty days leave to

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file an amended complaint was granted. Thirty days from that date have now passed, and

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plaintiff has not filed an amended complaint, or otherwise responded to the court’s order.
In accordance with the above, IT IS HEREBY RECOMMENDED that this action be

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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, plaintiff may file written objections

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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.” Plaintiff is advised that

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failure to file objections within the specified time may waive the right to appeal the District

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Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: April 21, 2017

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/cw/wimb0279.fta

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