(HC) Davis v. Foulk, No. 2:2015cv02379 - Document 6 (E.D. Cal. 2016)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/5/2016 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Troy L. Nunley; Objections due within 14 days.(Yin, K)
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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 DAMIEN LEE DAVIS, 12 13 14 No. 2:15-cv-2379 TLN CKD P Petitioner, v. FINDINGS AND RECOMMENDATIONS F FOULK, 15 Respondent. 16 17 Petitioner commenced this action by filing a motion for extension of time. (ECF No. 1.) 18 By order filed November 25, 2015, petitioner was granted thirty days to file a petition that 19 complied with federal pleading requirements, or face dismissal of this action. The thirty-day 20 period has now expired, and petitioner has not filed a petition or otherwise responded to the 21 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, petitioner may file written 27 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 28 Findings and Recommendations.” Petitioner is advised that failure to file objections within the 1 1 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 2 F.2d 1153 (9th Cir. 1991). 3 Dated: January 5, 2016 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 10 2/davi2379.fta.hab 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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