(TEMP)(PC) Diaz v. Stainer et al, No. 2:2015cv02173 - Document 10 (E.D. Cal. 2016)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/19/16 RECOMMENDING that his action be dismissed without prejudice. Referred to Judge John A. Mendez; 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 MIGUEL DIAZ, 12 13 No. 2:15-cv-2173 JAM KJN P (TEMP) Plaintiff, v. FINDINGS AND RECOMMENDATIONS 14 MATHHEW STAINER et al., 15 Defendants. 16 17 On November 12, 2015, the court ordered plaintiff to file a complaint that complies with 18 the requirements of the Civil Rights Act, the Federal Rules of Civil Procedure, and the Local 19 Rules of Practice within thirty days. On January 7, 2016, the court granted plaintiff an additional 20 thirty days to comply with the court’s order. That thirty-day period has now passed, and plaintiff 21 has not filed a complaint or otherwise responded to the court’s order. 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: February 19, 2016 4 5 6 diaz2173.ftc 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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