(PC) Hemsley v. Swarthout et al, No. 2:2012cv02930 - Document 37 (E.D. Cal. 2014)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 5/29/2014 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) Hemsley v. Swarthout et al Doc. 37 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN HEMSLEY, 12 13 14 15 No. 2:12-cv-2930-JAM-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS G. SWARTHOUT, et al., Defendants. 16 17 By order filed April 16, 2014, plaintiff’s first amended complaint was dismissed and thirty 18 days leave to file a second amended complaint was granted. More than thirty days from that date 19 have now passed, and plaintiff has not filed a second amended complaint, or otherwise responded 20 to the court’s order. 21 22 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. P. 41(b); E.D. Cal. Local Rule 110. 23 These findings and recommendations are submitted to the United States District Judge 24 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14) 25 days after being served with these findings and recommendations, any party may file written 26 objections with the court and serve a copy on all parties. Such a document should be captioned 27 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 28 shall be served on all parties and filed with the court within fourteen (14) days after service of the 1 Dockets.Justia.com 1 objections. The parties are advised that failure to file objections within the specified time may 2 waive the right to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th 3 Cir. 1998); Martinez v. Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 1991). 4 DATED: May 29, 2014. 5 6 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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