(PC) Davis v. Carlton et al, No. 2:2011cv01100 - Document 22 (E.D. Cal. 2014)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/10/2014 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 MICHAEL S. DAVIS, 12 Plaintiff, 13 14 No. 2:11-cv-1100 TLN KJN P v. FINDINGS & RECOMMENDATIONS C. CARLTON, et al., 15 Defendants. 16 17 By order filed December 12, 2013, plaintiff’s complaint was dismissed and thirty days 18 leave to file an amended complaint was granted. On February 13, 2014, plaintiff was granted 19 sixty days in which to file an amended complaint. On May 2, 2014, plaintiff was granted an 20 additional sixty days in which to file an amended complaint. Sixty days from that date have now 21 expired, and plaintiff has not filed an amended complaint or otherwise responded to the court’s 22 order. 23 24 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, plaintiff may file written objections 28 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 1 1 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 2 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 3 (9th Cir. 1991). 4 Dated: July 10, 2014 5 6 /davi1100.fta 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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