Alvarez v. Ryan

Filing 20

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/12/2017 RECOMMENDING that this action be dismissed without prejudice. Objections due within fourteen days after being served with these findings and recommendations. Referred to Judge Garland E. Burrell Jr. (Hunt, G)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BLACKIE FLORINCEO ALVAREZ, SR., 12 Plaintiff, 13 14 No. 2:17-cv-1516 GEB KJN P v. FINDINGS & RECOMMENDATIONS MARTIN A. RYAN, 15 Defendant. 16 Plaintiff is a former jail inmate, proceeding pro se and in forma pauperis. By order filed 17 18 August 28, 2017, plaintiff’s complaint was dismissed and thirty days leave to file an amended 19 complaint was granted. Thirty days from that date have now passed, and plaintiff has not filed an 20 amended complaint, or otherwise responded to the court’s order. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 21 22 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 23 These findings and recommendations are submitted to the United States District Judge 24 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 25 after being served with these findings and recommendations, plaintiff may file written objections 26 with the court and serve a copy on all parties. Such a document should be captioned 27 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 28 //// 1 1 failure to file objections within the specified time may waive the right to appeal the District 2 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 Dated: October 12, 2017 4 5 6 /alva1516.fta 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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