Sermeno v. Irmer, et al.

Filing 15

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/22/2017 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)

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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 LARRY A. SERMENO, 12 No. 2: 17-cv-0745 GEB KJN P Plaintiff, 13 v. 14 M. IRMER, et a., 15 FINDINGS & RECOMMENDATIONS Defendants. 16 17 By order filed July 13, 2017, plaintiff was granted thirty days to file an amended 18 complaint. Thirty days from that date have now passed, and plaintiff has not filed an amended 19 complaint, or otherwise responded to the court’s order. The July 13, 2017 order warned plaintiff 20 that failure to file an amended complaint would result in a recommendation of dismissal of this 21 action. 22 23 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after being served with these findings and recommendations, plaintiff may file written objections 27 with the court and serve a copy on all parties. Such a document should be captioned 28 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 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: August 22, 2017 4 5 6 7 Ser745.fta 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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