(PC) Jones v. Prater et al, No. 2:2010cv01381 - Document 18 (E.D. Cal. 2012)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 9/27/2012 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)

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(PC) Jones v. Prater et al Doc. 18 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MALIK JONES, 11 Plaintiff, 12 vs. 13 No. 2:10-cv-01381 JAM KJN P C. PRATER, et al., 14 15 Defendants. FINDINGS & RECOMMENDATIONS / 16 By order filed June 1, 2012, the court dismissed plaintiff’s amended complaint 17 and granted plaintiff leave to file a Second Amended Complaint within thirty days. (Dkt. No. 18 16.) Plaintiff was informed that “failure to file a second amended complaint in accordance with 19 this order will result in a recommendation that this action be dismissed.” (Id. at 2.) The thirty- 20 day period has now expired, and plaintiff has not filed a further amended complaint or otherwise 21 responded to the court’s order. 22 23 24 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). These findings and recommendations are submitted to the United States District 25 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 26 days after being served with these findings and recommendations, plaintiff may file written 1 Dockets.Justia.com 1 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 2 Findings and Recommendations.” Any response to the objections shall be filed and served 3 within fourteen days after service of the objections. Plaintiff is advised that failure to file 4 objections within the specified time may waive the right to appeal the District Court’s order. 5 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 DATED: September 27, 2012 7 8 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 9 10 jone1381.fta 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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