(PC) Gonzalez v. Cate et al, No. 2:2011cv03196 - Document 87 (E.D. Cal. 2016)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/17/16 RECOMMENDING that this action be dismissed. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)
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(PC) Gonzalez v. Cate et al Doc. 87 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE GONZALEZ, JR., 12 Plaintiff, 13 14 No. 2:11-cv-3196-GEB-EFB P v. FINDINGS AND RECOMMENDATIONS CATE, et. al., 15 Defendants. 16 On September 7, 2016, the court dismissed plaintiff’s third amended complaint and 17 18 granted plaintiff thirty days to file an amended complaint. ECF No. 85. Despite an extension of 19 time, plaintiff has not filed an amended complaint or otherwise responded to the court’s order. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed. See Fed. 20 21 R. Civ. P. 41(b); E.D. Cal., Local Rules 110 & 183(a). 22 These findings and recommendations are submitted to the United States District Judge 23 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 24 after being served with these findings and recommendations, any party may file written 25 objections with the court and serve a copy on all parties. Such a document should be captioned 26 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 27 objections shall be served and filed within fourteen days after service of the objections. The 28 ///// 1 Dockets.Justia.com 1 parties are advised that failure to file objections within the specified time may waive the right to 2 appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 3 v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 DATED: November 17, 2016. 5 6 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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