Bourn v. The People of the State of California et al

Filing 5

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 11/13/17 Recommending that that this action 1 be dismissed without prejudice. These Findings and Recommendations will be submitted to U.S. District Judge Kimberly J. Mueller. Objections to these F&Rs due within fourteen days. (Mena-Sanchez, L)

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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 STEVEN FLOYD BOURN, 12 13 14 15 16 No. 2:16-cv-2110 KJM DB PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS THE PEOPLE OF THE STATE OF CALIFORNIA, et al., Defendants. 17 18 By order signed September 25, 2017, plaintiff’s complaint was dismissed and plaintiff 19 was granted leave to file an amended complaint that cured the defects noted in that order. (ECF 20 No. 4.) Plaintiff was granted twenty-eight days from the date of that order to file an amended 21 complaint and was specifically cautioned that the failure to respond to the court’s order in a 22 timely manner would result in a recommendation that this action be dismissed. The twenty-eight 23 day period has expired, and plaintiff has not responded to the court’s order in any manner. 24 25 26 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). These findings and recommendations will be submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, plaintiff may file written objections 1 1 with the court. A document containing objections should be titled “Objections to Magistrate 2 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections within 3 the specified time may waive the right to appeal the District Court’s order. See Martinez v. Ylst, 4 951 F.2d 1153 (9th Cir. 1991). 5 Dated: November 13, 2017 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 DLB:6 DB\orders\ se\bourn2110.fta.f&rs 23 24 25 26 27 28 2

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