Ellis v. California Correctional Health Care Services, et al.,

Filing 11

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 05/19/17 recommending that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell. 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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BENJAMIN ELLIS,

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Plaintiff,
v.

FINDINGS & RECOMMENDATIONS

CALIFORNIA CORRECTIONAL
HEALTH CARE SERVICES, et al.,
Defendants.

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No. 2: 16-cv-1555 GEB KJN P

By order filed April 11, 2017, plaintiff’s amended complaint was dismissed and thirty

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days leave to file a second amended complaint was granted. Thirty days from that date have now
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passed, and plaintiff has not filed a second amended complaint, or otherwise responded to the
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court’s order.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
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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: May 19, 2017

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Ell1555.fta

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