Mills v. California Medical Facility
Filing
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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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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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KENNETH WAYNE MILLS,
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No. 2: 16-cv-2766 JAM KJN P
Plaintiff,
v.
FINDINGS & RECOMMENDATIONS
CALIFORNIA MEDICAL FACILITY,
Defendants.
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On November 22, 2016, plaintiff filed a habeas corpus petition. (ECF No. 1.) On
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December 23, 2016, the undersigned issued an order construing this action as a civil rights action
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pursuant to 42 U.S.C. § 1983. (ECF No. 11.) Plaintiff was directed to file a civil rights
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complaint within thirty days. (Id.) Thirty days passed and plaintiff did not file a civil rights
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complaint or otherwise respond to the December 23, 2016 order.
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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).
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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: February 10, 2017
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Mill2766.fta
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