Bourn v. Lawson et al

Filing 7

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 01/11/2017 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Jackson, T)

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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 ALVIN DEAN BOURN, 12 13 14 15 No. 2:16-cv-0850 KJM DB PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS LEE LAWSON, et al., Defendants. 16 17 By order signed November 30, 2016, plaintiff’s complaint was dismissed and plaintiff was 18 granted leave to file an amended complaint that cured the defects noted in that order. (ECF No. 19 6.) Plaintiff was granted twenty-eight days from the date of that order to file an amended 20 complaint and was specifically cautioned that the failure to respond to the court’s order in a 21 timely manner would result in a recommendation that this action be dismissed. The twenty-eight 22 day period has expired, and plaintiff has not responded to the court’s order in any manner. 23 24 25 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). These findings and recommendations will be submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, plaintiff may file written objections 28 with the court. A document containing objections should be titled “Objections to Magistrate 1 1 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections within 2 the specified time may waive the right to appeal the District Court’s order. See Martinez v. Ylst, 3 951 F.2d 1153 (9th Cir. 1991). 4 Dated: January 11, 2017 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 DLB:6 DB/orders/ se/bourn0850.fta.f&rs 23 24 25 26 27 28 2

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