Daniels v. Aguillera et al

Filing 20

ORDER ; FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 2/22/17 ORDERING that plaintiff's motion for third party service (ECF No. 16 ) is DENIED as moot. It is RECOMMENDED that this action be dismissed without prejudice. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ZACHARIAH DANIELS,

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No. 2:16-cv-0996 JAM CKD P

Plaintiff,
v.

ORDER &

AGUILLERA, et al.,

FINDINGS AND RECOMMENDATIONS

Defendants.

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This pro se prisoner action was filed pursuant to 42 U.S.C. § 1983. On September 20,

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2016, plaintiff’s complaint was dismissed for failure to state a claim, and plaintiff was granted

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leave to file an amended complaint. (ECF No. 8.) Plaintiff’s time to amend was extended three

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times, with a final deadline of February 14, 2017. (ECF No. 18.) That date has passed, and

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plaintiff has not filed an amended complaint.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for third party service
(ECF No. 16) is denied as moot.
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 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: February 22, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2 / dani0996.fta

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