(PC) Woodson v. Masterson et al, No. 2:2011cv02477 - Document 19 (E.D. Cal. 2012)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 10/26/2012 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days. (Yin, K)
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(PC) Woodson v. Masterson et al Doc. 19 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MAURICE WOODSON, 11 12 13 14 Plaintiff, vs. MASTERSON, et al., Defendants. 15 16 No. 2: 11-cv-2477 MCE DAD P FINDINGS & RECOMMENDATIONS / By order filed April 5, 2012, plaintiff’s complaint was dismissed and he was 17 granted leave to file an amended complaint. On May 3, 2012, plaintiff filed an amended 18 complaint, but on May 21, 2012, plaintiff filed a motion for an extension of time to file a 19 “complete” amended complaint. Under those circumstances, on August 2, 2012, the court 20 disregarded plaintiff’s May 3, 2012 amended complaint and granted plaintiff’s motion for an 21 extension of time to file a complete amended complaint. (See Dkt. No. 16.) Thereafter, plaintiff 22 sought another extension of time to file an amended complaint. (See Dkt. No. 17.) Plaintiff’s 23 request was granted and he was given until October 2, 2012 to file his amended complaint as 24 requested. (See Dkt. No. 18.) However, to date, plaintiff has still not filed an amended 25 complaint or otherwise responded to the order requiring his amended complaint be filed by 26 October 2, 2012. 1 Dockets.Justia.com 1 2 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; FED . R. CIV . P. 41(b). 3 These findings and recommendations are submitted to the United States District 4 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen 5 days after being served with these findings and recommendations, plaintiff may file written 6 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 7 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 8 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 9 F.2d 1153 (9th Cir. 1991). 10 DATED: October 26, 2012. 11 12 13 14 DAD:dpw wood2477.fta 15 16 17 18 19 20 21 22 23 24 25 26 2
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