Parnell v. Chen et al

Filing 19

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 04/03/19 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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J.P. PARNELL,

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No. 2:16-cv-0749 JAM AC P
Plaintiff,

v.

FINDINGS AND RECOMMENDATIONS

CHEN, et al.,
Defendants.

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By order filed November 5, 2018, plaintiff’s complaint was dismissed with leave to file an

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amended complaint within thirty days. See ECF No. 10. On December 6, 2018, January 16,

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2019, and February 26, 2019, plaintiff was granted additional increments of thirty days in which

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to file an amended complaint. See ECF Nos. 14, 16, 18. The last order informed plaintiff that no

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further extensions of time would be granted and that “[f]ailure of plaintiff to timely file a First

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Amended Complaint will result in a recommendation that this action be dismissed without

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prejudice.” ECF No. 18 at 2. Thirty days since the last order have now expired but plaintiff has

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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. 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 (14)

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days after being served with these findings and recommendations, plaintiff may file written

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objections with the court. The document should be captioned “Objections to Magistrate Judge’s

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Findings and Recommendations.” Plaintiff is advised that failure to file objections within the

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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951

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F.2d 1153 (9th Cir. 1991).

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DATED: April 3, 2019

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