Payne v. Baser et al

Filing 34

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/29/19 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAVANCE ROSS PAYNE,

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Plaintiff,

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v.

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No. 2:18-cv-0956 JAM CKD P

C. BASER, et al.,

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FINDINGS AND RECOMMENDATIONS

Defendants.

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On July 26, 2019, plaintiff’s complaint was dismissed with leave to amend. Plaintiff has

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been warned that failure to file an amended complaint within the time allotted would result in a

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recommendation that this action be dismissed. ECF No. 33. Plaintiff’s amended complaint was

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due October 16, 2019 (id.) and plaintiff has not filed an amended complaint.
Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without

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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 after

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being served with these findings and recommendations, plaintiff may file written objections with

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the court. The document should be captioned “Objections to Magistrate Judge’s Findings and

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Recommendations.” Plaintiff is advised that failure to file objections within the specified time

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waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir.

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1991).

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Dated: October 29, 2019

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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payn0956.fta

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