Sierra v. Director of CDCR et al

Filing 95

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/26/2022 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.; 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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KENNETH ALAN SIERRA,

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No. 2: 16-cv-1067 MCE KJN P

Plaintiff,
v.

FINDINGS & RECOMMENDATIONS

DIRECTOR OF DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,
Defendants.

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Plaintiff is a former prisoner, proceeding without counsel, with a civil rights action

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pursuant to 42 U.S.C. § 1983. On November 4, 2021, the undersigned recommended that this

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action be dismissed for failure to prosecute. (ECF No. 92.) On November 15, 2021, plaintiff

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filed a motion for a sixty-days extension of time to file an amended complaint. (ECF No. 93.)

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On November 18, 2021, the undersigned vacated the November 4, 2021 findings and

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recommendations and granted plaintiff sixty days to file an amended complaint. (ECF No. 94.)

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Sixty days passed and plaintiff did not file an amended complaint.

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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 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: January 26, 2022

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Sier1067.fta

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