(TEMP)(PC) Graddy, Sr. v. Ding, No. 2:2014cv00901 - Document 18 (E.D. Cal. 2016)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 04/12/16 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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(TEMP)(PC) Graddy, Sr. v. Ding Doc. 18 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TRENT B. GRADDY, SR., 12 Plaintiff, 13 v. 14 No. 2:14-cv-0901 KJM AC P (TEMP) D. DING, 15 FINDINGS AND RECOMMENDATIONS Defendant. 16 17 By order filed January 11, 2016, plaintiff’s first amended complaint was dismissed and 18 thirty days leave to file a second amended complaint was granted. (ECF No.15.) Thirty days 19 from that date have now passed, and plaintiff has not filed a second amended complaint or 20 otherwise responded to the court’s order. 21 22 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 23 These findings and recommendations are submitted to the United States District Judge 24 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 25 after being served with these findings and recommendations, any party may file written 26 objections with the court and serve a copy on all parties. Such a document should be captioned 27 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 28 objections shall be served and filed within fourteen days after service of the objections. The 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. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 DATED: April 12, 2016 4 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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