Davis v. Johnson et al

Filing 51

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/16/2019 RECOMMENDING this action be dismissed without prejudice. Referred to Judge John A. Mendez; 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

DENNIS DAVIS,

12

Plaintiff,

13
14

No. 2:17-cv-0544 JAM CKD P

v.

FINDINGS AND RECOMMENDATIONS

B. JOHNSON, et al.,

15

Defendants.

16
On July 29, 2019, the court directed plaintiff to file a pretrial statement by October 1,

17
18

2019. Plaintiff has not responded to the court’s order. The court will therefore recommend that

19

this action be dismissed without prejudice. See Fed. R. Civ. P. 41(b).
Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without

20
21

prejudice. See Fed. R. Civ. P. 41(b).

22

These findings and recommendations are submitted to the United States District Judge

23

assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

24

after being served with these findings and recommendations, an party may file written objections

25

with the court and serve a copy on all parties. Such a document should be captioned “Objections

26

to Magistrate Judge’s Findings and Recommendations.” Any response to the objections shall be

27

served and filed within fourteen days after service of the objections. The parties are advised that

28

/////
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: October 16, 2019

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

4
5
6
7
8
9

1
davi0544.fpts

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2