White v. OConner et al.

Filing 9

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/19/17 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Dillon, 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 BOBBY C. WHITE, 12 Plaintiff, 13 14 No. 2:16-cv-2675 MCE CKD P v. FINDINGS AND RECOMMENDATIONS K. O’CONNER, et al., 15 Defendants. 16 On December 8, 2016, plaintiff’s complaint was dismissed, and he was granted thirty days 17 18 to file an amended complaint. (ECF No. 6.) Plaintiff was advised that failure to file an amended 19 complaint would result in dismissal of this action. (Id.) The thirty days has passed, and plaintiff 20 has not filed an amended complaint. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 21 22 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 23 These findings and recommendations are submitted to the United States District Judge 24 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 25 after being served with these findings and recommendations, plaintiff may file written objections 26 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 27 //// 28 //// 1 1 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 2 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 3 (9th Cir. 1991). 4 Dated: January 19, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 2 / whit2675.fta_fr 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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