Thomas v. Bick et al

Filing 17

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 5/30/2017 RECOMMENDING this action be DISMISSED without prejudice. Referred to Judge Troy L. Nunley; 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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JOSH THOMAS,

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Plaintiff,

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No. 2:16-cv-1425 TLN CKD P

v.

FINDINGS AND RECOMMENDATIONS

JOSH BICK, et al.,

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Defendants.

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On September 1, 2016, plaintiff’s complaint was dismissed with leave to file an amended

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complaint. At plaintiff’s request, the court has granted three extensions of time for plaintiff to

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comply. The most recent extension required plaintiff’s amended complaint to be filed by May 17,

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2017. Plaintiff has not filed an amended complaint nor explained why not. Accordingly, IT IS

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HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule

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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: May 30, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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thom1425.fta

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