(PC)Ware v. McDonald et al, No. 2:2012cv01505 - Document 22 (E.D. Cal. 2012)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 9/13/2012 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)Ware v. McDonald et al Doc. 22 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARTIN WARE, 11 12 13 Plaintiff, No. 2:12-cv-1505 MCE KJN P vs. M. McDONALD, et al., 14 Defendants. 15 FINDINGS AND RECOMMENDATIONS / 16 By order filed July 30, 2012, plaintiff’s amended complaint was dismissed and 17 thirty days leave to file a second amended complaint was granted. The thirty day period has now 18 expired, and plaintiff has not filed a second amended complaint or otherwise responded to the 19 court’s order. 20 21 22 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 23 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 24 days after being served with these findings and recommendations, plaintiff may file written 25 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 26 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 1 Dockets.Justia.com 1 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 2 F.2d 1153 (9th Cir. 1991). 3 DATED: September 13, 2012 4 5 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 6 7 ware1505.fta 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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