(PC) Downs v. California Attorney General, No. 2:2012cv03057 - Document 40 (E.D. Cal. 2013)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/31/13 recommending that this action be dismissed without prejudice. Referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, 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 GREGORY DOWNS, 12 Plaintiff, 13 14 No. 2:12-cv-3057 MCE CKD P v. FINDINGS AND RECOMMENDATIONS CALIFORNIA ATTORNEY GENERAL, 15 Defendant. 16 By order filed June 4, 2013, plaintiff’s complaint was dismissed with leave to amend. 17 18 The time allotted for filing an amended complaint has expired and plaintiff has not filed an 19 amended complaint. Accordingly, IT IS HEREBY RECOMMENDED that this action be 20 dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 21 These findings and recommendations are submitted to the United States District Judge 22 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 23 after being served with these findings and recommendations, plaintiff may file written objections 24 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 25 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 26 ///// 27 ///// 28 ///// 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 31, 2013 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 1 down3057.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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