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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CURT MARTIN,

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Plaintiff,

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No. 2:16-cv-2082 KJM DB P

v.

FINDINGS AND RECOMMENDATIONS

SACRAMENTO SHERIFF DEPT.,

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Defendant.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights

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action under 42 U.S.C. § 1983. In an order filed March 31, 2017, the court dismissed plaintiff’s

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complaint and gave plaintiff thirty days to file an amended complaint. In an order filed May 15,

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2017, plaintiff was given an additional thirty days to file an amended complaint. That time has

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passed and plaintiff has not filed an amended complaint or otherwise responded to the court’s

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orders.

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In both the March 31 and May 15 orders, plaintiff was advised that his failure to file an

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amended complaint in compliance with the court’s orders may result in a recommendation that

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this case be dismissed.
Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without

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prejudice. See E.D. Cal. R. 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: June 28, 2017

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DLB:9
DLB1/prisoner-civil rights/mart2082.fta fr

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