Putney v. Fox et al
Filing
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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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