(PC)Dunigan v. United States et al, No. 2:2012cv03048 - Document 18 (E.D. Cal. 2013)

Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 7/22/2013 DENYING plaintiff's 17 request that this matter be stayed; and 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 KEVIN DUNIGAN, 12 13 14 15 No. 2:12-cv-3048 TLN CKD P Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATIONS UNITED STATES, et al., Defendants. 16 17 By order filed June 3, 2013, plaintiff’s complaint was dismissed and thirty days leave to 18 file an amended complaint was granted. The thirty day period has now expired and plaintiff has 19 not filed an amended complaint. Plaintiff did file his third request for a stay on July 15, 2013. 20 That motion will be denied as plaintiff still fails to show good cause for a stay, and, in any case, 21 there is nothing to stay since there is no complaint currently before the court. 22 23 24 25 Accordingly, IT IS HEREBY ORDERED that plaintiff’s July 15, 2013 request that this matter be stayed (ECF No. 17) is denied; and IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, plaintiff may file written objections 1 1 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 2 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 3 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 4 (9th Cir. 1991). 5 Dated: July 22, 2013 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 1 duni3048.fta 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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