Rojas v. CDCR (Sacramento) et al

Filing 18

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/29/2019 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE A. ROJAS,

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No. 2:18-cv-1740 KJM CKD P
Plaintiff,

v.

FINDINGS AND RECOMMENDATIONS

CDCR, et al.,

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Defendants.

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By order filed December 18, 2018, plaintiff’s complaint was dismissed with leave to file

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an amended complaint. Plaintiff was given until January 18, 2019 to file his amended complaint

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and he has not done so. Plaintiff was warned that failure to file an amended complaint by the

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deadline would result in a recommendation that this action be dismissed.

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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 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: January 29, 2019

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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roja1740.fta

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