Miccio v. Miranda et al

Filing 39

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 03/18/19 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARIO MICCIO,

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Plaintiff,

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No. 2:17-cv-0932 KJM CKD P

v.

FINDINGS AND RECOMMENDATIONS

MIRANDA, et al.,

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Defendants.

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By order filed January 30, 2019, plaintiff’s amended complaint was dismissed and thirty

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days leave to file a second amended complaint was granted. The thirty-day period has now

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expired, and plaintiff has not filed a second amended complaint.
IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See

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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 after

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

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the court. The document should be captioned “Objections to Magistrate Judge’s Findings and

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Recommendations.” Plaintiff is advised that failure to file objections within the specified time

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waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir.

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1991).

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Dated: March 18, 2019

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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micc0932.fta

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