Reyes v. Young et al

Filing 18

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/14/2017 RECOMMENDING that this action be dismissed. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID REYES,

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No. 2:17-cv-0966 GEB KJN P
Plaintiff,

v.

FINDINGS AND RECOMMENDATIONS

A. YOUNG, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. On October 5, 2017, the undersigned granted plaintiff thirty days to file

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either an amended complaint or notice that he intended to proceed on the claims found potentially

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colorable in the original complaint. (ECF No. 17.) The undersigned cautioned plaintiff that

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failure to respond to the October 5, 2017 order would result in a recommendation of dismissal of

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this action. (Id.)

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Thirty days passed and plaintiff did not respond to the October 5, 2017 order.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed.

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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 and serve a copy on all parties. Such a document should be captioned
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“Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that

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

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

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Dated: November 14, 2017

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Rey966.56

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