Bush v. Butte County Sheriff's Office

Filing 26

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 10/11/2017 RECOMMENDING this action be dismissed without prejudice. Referred to Judge William B. Shubb; Objections to F&R due within 14 days. (Yin, K)

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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 JOSHUA MARCUS BUSH, 12 Plaintiff, 13 14 No. 2:16-cv-2844 WBS AC P v. FINDINGS AND RECOMMENDATIONS BUTTE COUNTY SHERIFF’S OFFICE, 15 Defendant. 16 Plaintiff is a Butte County Jail detainee proceeding pro se and in forma pauperis with this 17 18 action commenced November 14, 2014. By order filed July 11, 2017, the court dismissed 19 plaintiff’s original complaint with leave to file a First Amended Complaint within thirty days. 20 See ECF No. 22. Plaintiff was informed that “failure to timely file a First Amended Complaint 21 will result in the dismissal of this action without prejudice.” Id. at 16. Thereafter, by order filed 22 August 1, 2017, the court granted plaintiff’s request for extended time, and directed plaintiff to 23 file his First Amended Complaint within sixty days, or by Monday, October 2, 2017.1 The extended deadline has passed but plaintiff has not responded to the court’s order. 24 25 Therefore, the undersigned will recommend dismissal of this action. 26 1 27 28 The sixty-day period ended on Saturday, September 30, 2017. Under Rule 6, Federal Rules of Civil Procedure, “if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.” Fed. R. Civ. P. 6(a)(1)(C). 1 2 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, plaintiff may file written objections 6 with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 7 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 8 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 9 (9th Cir. 1991). 10 DATED: October 11, 2017 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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