Reyes v. Young et al
Filing
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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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