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)

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