(PC) Reyes v. Young et al, No. 2:2014cv02711 - Document 24 (E.D. Cal. 2016)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/05/16 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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID REYES, 12 13 14 15 No. 2:14-cv-2711 KJM CKD P Plaintiff, v. ORDER A. YOUNG, et al., Defendants. 16 17 By order filed November 23, 2015, the First Amended Complaint was dismissed, and 18 plaintiff was granted thirty days to file a Second Amended Complaint. That period has passed, 19 and plaintiff has not filed an amended complaint or otherwise responded to the court’s order. For 20 this reason, and in light of the history of this action (see ECF No. 23), the undersigned will 21 recommend dismissal of this action. 22 23 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after being served with these findings and recommendations, plaintiff may file written objections 27 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 28 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 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: January 5, 2016 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 2/reye2711.fta(3) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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