(TEMP)(PC) Tabatabaee v. Stainer et al, No. 2:2014cv02137 - Document 18 (E.D. Cal. 2016)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/4/2016 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge William B. Shubb; Objections due within 14 days. (Yin, K)

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(TEMP)(PC) Tabatabaee v. Stainer et al Doc. 18 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALEX TABATABAEE, 12 13 14 No. 2:14-cv-2137-WBS-EFB P (TEMP) Plaintiff, v. FINDINGS AND RECOMMENDATIONS M. STAINER, et al., 15 Defendants. 16 17 By order filed October 14, 2015, plaintiff’s complaint was dismissed and thirty days leave 18 to file an amended complaint was granted. The court has since granted plaintiff two extensions of 19 time to file his amended complaint. Most recently, on December 23, 2015, the court granted 20 plaintiff a final forty-five days to file an amended complaint. Forty-five days from that date have 21 now passed, and plaintiff has not filed an amended complaint or otherwise responded to the 22 court’s order. 23 24 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, plaintiff may file written objections 28 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 1 Dockets.Justia.com 1 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 2 time may waive the right to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 3 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 DATED: February 4, 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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