Martin v. Sacramento Sheriff Department et al

Filing 9

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 6/28/17 recommending that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)

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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 CURT MARTIN, 12 Plaintiff, 13 14 No. 2:16-cv-2082 KJM DB P v. FINDINGS AND RECOMMENDATIONS SACRAMENTO SHERIFF DEPT., 15 Defendant. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights 17 18 action under 42 U.S.C. § 1983. In an order filed March 31, 2017, the court dismissed plaintiff’s 19 complaint and gave plaintiff thirty days to file an amended complaint. In an order filed May 15, 20 2017, plaintiff was given an additional thirty days to file an amended complaint. That time has 21 passed and plaintiff has not filed an amended complaint or otherwise responded to the court’s 22 orders. 23 In both the March 31 and May 15 orders, plaintiff was advised that his failure to file an 24 amended complaint in compliance with the court’s orders may result in a recommendation that 25 this case be dismissed. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 26 27 prejudice. See E.D. Cal. R. 110; Fed. R. Civ. P. 41(b). 28 //// 1 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 3 after being served with these findings and recommendations, plaintiff may file written objections 4 with the court and serve a copy on all parties. Such a document should be captioned 5 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 6 failure to file objections within the specified time may waive the right to appeal the District 7 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 8 Dated: June 28, 2017 9 10 11 12 13 14 15 DLB:9 DLB1/prisoner-civil rights/mart2082.fta fr 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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