(PC) Tombs v. Rackly, et al, No. 2:2013cv01341 - Document 21 (E.D. Cal. 2014)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 06/06/14 recommending that this action be dismissed without prejudice. Referred to Judge John A. Mendez. 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 LARRY E. TOMBS, 12 Plaintiff, 13 14 No. 2:13-cv-1341 JAM KJN P v. FINDINGS & RECOMMENDATIONS WARDEN RON RACKLEY, et al., 15 Defendants. 16 By order filed April 21, 2014, plaintiff’s amended complaint was dismissed and thirty 17 18 days leave to file a second amended complaint was granted. Thirty days from that date have now 19 passed, and plaintiff has not filed a second amended complaint, or otherwise responded to the 20 court’s order. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 21 22 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 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 days 25 after being served with these findings and recommendations, plaintiff may file written objections 26 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 27 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 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: June 6, 2014 4 5 /tomb1341.fta 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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