Mills v. California Medical Facility

Filing 12

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/10/17 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge John A. Mendez; 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 KENNETH WAYNE MILLS, 12 13 14 15 No. 2: 16-cv-2766 JAM KJN P Plaintiff, v. FINDINGS & RECOMMENDATIONS CALIFORNIA MEDICAL FACILITY, Defendants. 16 17 On November 22, 2016, plaintiff filed a habeas corpus petition. (ECF No. 1.) On 18 December 23, 2016, the undersigned issued an order construing this action as a civil rights action 19 pursuant to 42 U.S.C. § 1983. (ECF No. 11.) Plaintiff was directed to file a civil rights 20 complaint within thirty days. (Id.) Thirty days passed and plaintiff did not file a civil rights 21 complaint or otherwise respond to the December 23, 2016 order. 22 23 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after being served with these findings and recommendations, plaintiff may file written objections 27 with the court and serve a copy on all parties. Such a document should be captioned 28 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 1 1 failure to file objections within the specified time may waive the right to appeal the District 2 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 Dated: February 10, 2017 4 5 6 Mill2766.fta 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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