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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEVEN FLOYD BOURN,

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No. 2:16-cv-2110 KJM DB PS

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

THE PEOPLE OF THE STATE OF
CALIFORNIA, et al.,
Defendants.

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By order signed September 25, 2017, plaintiff’s complaint was dismissed and plaintiff

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was granted leave to file an amended complaint that cured the defects noted in that order. (ECF

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No. 4.) Plaintiff was granted twenty-eight days from the date of that order to file an amended

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complaint and was specifically cautioned that the failure to respond to the court’s order in a

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timely manner would result in a recommendation that this action be dismissed. The twenty-eight

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day period has expired, and plaintiff has not responded to the court’s order in any manner.

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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

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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. A document containing objections should be titled “Objections to Magistrate

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Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections within

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the specified time may waive the right to appeal the District Court’s order. See Martinez v. Ylst,

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951 F.2d 1153 (9th Cir. 1991).

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Dated: November 13, 2017

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DLB:6
DB\orders\orders.pro se\bourn2110.fta.f&rs

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