Dean v. Lane

Filing 4

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 2/9/18 Recommending that this action be dismissed without prejudice re 1 Complaint. These Findings and Recommendations will be submitted to U.S. District Judge Kimberly J. Mueller. Objections to these F&Rs due within fourteen days. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL DEAN,

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No. 2:17-cv-1988 KJM DB PS

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

DARLEEN LANE,
Defendant.

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By order signed October 20, 2017, plaintiff’s complaint was dismissed and plaintiff was

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granted leave to file an amended complaint that cured the defects noted in that order. (ECF No.

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3.) Plaintiff was granted twenty-eight days from the date of that order to file an amended

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complaint and was specifically cautioned that the failure to respond to the court’s order in a

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timely manner would result in a recommendation that this action be dismissed. The twenty-eight

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day period has expired, and plaintiff has not responded to the court’s order in any manner.

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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).
These findings and recommendations will be 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. A document containing objections should be titled “Objections to Magistrate
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Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections within

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the specified time may waive the right to appeal the District Court’s order. See Martinez v. Ylst,

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951 F.2d 1153 (9th Cir. 1991).

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Dated: February 9, 2018

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DLB:6
DB/orders/orders.pro se/dean1988.fta.f&rs

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