Bell v. Martel et al

Filing 77

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 8/28/2019 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL XAVIER BELL,

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No. 2:17-cv-0063-MCE-CKD-P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

MICHAEL MARTEL, et al.,
Defendants.

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By order filed August 8, 2019, plaintiff was ordered to show cause, within 14 days, why

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this action should not be dismissed for failing to comply with a court order. Plaintiff was warned

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that failure to respond to the order to show cause would result in this action being dismissed

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pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. The fourteen-day period has now

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expired, and plaintiff has not responded to the court’s 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. The document should be captioned “Objections to Magistrate Judge’s Findings

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and Recommendations.” Plaintiff is advised that failure to file objections within the
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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951

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F.2d 1153 (9th Cir. 1991).

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Dated: August 28, 2019

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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12/bell0063.fsc.docx

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