(PC) Barian v. United States of America, No. 2:2014cv01102 - Document 30 (E.D. Cal. 2016)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 2/2/16 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge William B. Shubb; Objections to F&R due within 14 days.(Dillon, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ZACHARY BARIAN, 12 Plaintiff, 13 14 No. 2:14-cv-1102 WBS CKD P v. FINDINGS AND RECOMMENDATIONS UNITED STATES OF AMERICA, 15 Defendant. 16 On December 22, 2015, plaintiff’s complaint was dismissed, and he was granted thirty 17 18 days to file an amended complaint. (ECF No. 26.) The thirty days has passed, and plaintiff has 19 not filed an amended complaint. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 20 21 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 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, plaintiff may file written objections 25 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 26 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 27 //// 28 //// 1 1 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 2 (9th Cir. 1991). 3 Dated: February 2, 2016 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 10 2 / bari1102.fta_fr 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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