Bejarano v. Baughman, et al.

Filing 13

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 10/30/2017 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

BOBBY BEJARANO,

12
13

No. 2:17-cv-0812 JAM DB P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

14

DAVID BAUGHMAN, et al.,

15

Defendants.

16
17

Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42

18

U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28

19

U.S.C. § 636(b)(1). On August 11, 2017, plaintiff’s complaint was dismissed for failure to state a

20

claim. Leave to amend was granted, and an amended pleading was due on or before September

21

11, 2017. That date has now passed, and plaintiff has not filed an amended complaint or

22

otherwise responded to the court’s order.

23
24

Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).

25

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

26

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

27

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

28

with the court and serve a copy on all parties. Such a document should be captioned
1

1

“Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that

2

failure to file objections within the specified time may waive the right to appeal the District

3

Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

4

Dated: October 30, 2017

5
6
7
8
9
10

/DLB7;
DB/Inbox/Routine/beja0812.fta

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