(PC) Brown v. Brown et al, No. 2:2011cv03053 - Document 34 (E.D. Cal. 2012)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/16/12 recommending that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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(PC) Brown v. Brown et al Doc. 34 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEXTER BROWN, 11 12 Plaintiff, No. 2: 11-cv-3053 KJM KJN P vs. 13 EDMUND BROWN, et al., 14 Defendants. 15 16 FINDINGS & RECOMMENDATIONS / Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action 17 pursuant to 42 U.S.C. § 1983. On April 12, 2012, the undersigned dismissed plaintiff’s amended 18 complaint with thirty days to file a second amended complaint. Thirty days passed and plaintiff 19 did not respond to the April 12, 2012 order. Accordingly, on May 25, 2012, the undersigned 20 recommended that this action be dismissed. 21 On May 29, 2012, plaintiff filed a motion for an extension of time to file his 22 second amended complaint. Good cause appearing, on June 6, 2012, the undersigned vacated the 23 May 25, 2012 findings and recommendations and granted plaintiff thirty days to file his second 24 amended complaint. 25 26 Thirty days passed from the June 6, 2012 order and plaintiff did not file his second amended complaint. Accordingly, on July 20, 2012, the undersigned again recommended 1 Dockets.Justia.com 1 that this action be dismissed. On July 23, 2012, plaintiff filed a request for appointment of 2 counsel. Because this request demonstrated an interest by plaintiff in prosecuting this action, 3 plaintiff was granted one final opportunity to file a second amended complaint. Accordingly, on 4 August 20, 2012, plaintiff was granted thirty days to file a second amended complaint. 5 6 The thirty day period set in the August 20, 2012 order has now expired, and plaintiff has not filed a second amended complaint or otherwise responded to the court’s order. 7 8 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 9 These findings and recommendations are submitted to the United States District 10 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 11 days after being served with these findings and recommendations, plaintiff may file written 12 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 13 Findings and Recommendations.” Any response to the objections shall be filed and served 14 within fourteen days after service of the objections. Plaintiff is advised that failure to file 15 objections within the specified time may waive the right to appeal the District Court’s order. 16 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 17 DATED: October 16, 2012 18 19 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 20 21 br3053.fta(3) 22 23 24 25 26 2
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