(PC) Ellis v. California Correctional Health Care Services, et al.,, No. 2:2016cv01555 - Document 11 (E.D. Cal. 2017)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 05/19/17 recommending that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell. 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 BENJAMIN ELLIS, 12 13 14 15 Plaintiff, v. FINDINGS & RECOMMENDATIONS CALIFORNIA CORRECTIONAL HEALTH CARE SERVICES, et al., Defendants. 16 17 No. 2: 16-cv-1555 GEB KJN P By order filed April 11, 2017, plaintiff’s amended complaint was dismissed and thirty 18 days leave to file a second amended complaint was granted. Thirty days from that date have now 19 passed, and plaintiff has not filed a second amended complaint, or otherwise responded to the 20 court’s order. 21 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 22 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 23 These findings and recommendations are submitted to the United States District Judge 24 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 25 after being served with these findings and recommendations, plaintiff may file written objections 26 with the court and serve a copy on all parties. Such a document should be captioned 27 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 28 1 1 failure to file objections within the specified time may waive the right to appeal the District 2 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 Dated: May 19, 2017 4 5 6 7 Ell1555.fta 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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