Putney v. Fox et al

Filing 20

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 10/30/2017 RECOMMENDING this action be dismissed without prejudice. Referred to Judge William B. Shubb. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THOMAS EARL PUTNEY,

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No. 2:17-cv-1507 WBS DB P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

WARDEN ROBERT FOX, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se in this civil rights action pursuant to 42

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

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U.S.C. § 636(b)(1). On September 14, 2017, plaintiff’s complaint was dismissed for failure to

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

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October 14, 2017. That date has now passed, and plaintiff has not filed an amended complaint or

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otherwise responded to the court’s order.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice. See 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 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 “Objections
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to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file

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objections within the specified time may waive the right to appeal the District Court’s order.

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

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Dated: October 30, 2017

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/DLB7;
DB/Inbox/Substantive/putn1507.fta

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