(PC) Quair v. Gertz, No. 2:2011cv02293 - Document 103 (E.D. Cal. 2015)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/6/15 RECOMMEDING that this 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 SAMMY R. QUAIR, SR., 12 13 14 15 No. 2:11-cv-2293 JAM CKD P Plaintiff, v. ORDER GERTZ, et al., Defendants. 16 17 By order filed August 14, 2015, plaintiff was granted a final extension of time to file an 18 amended complaint pursuant to the June 4, 2015 order. (ECF No. 102.) The forty-five days in 19 which plaintiff was granted leave to amend has now expired, and plaintiff has not filed an 20 amended complaint or otherwise responded to the court’s order. Thus the undersigned will 21 recommend dismissal of this action. 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: October 6, 2015 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 2 quai2293.fta 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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