(PC) Harvey v. Shirley et al, No. 2:2013cv01928 - Document 14 (E.D. Cal. 2014)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 07/09/14 recommending that this action be dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 21 days. (Plummer, M)
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(PC) Harvey v. Shirley et al Doc. 14 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LEONE R. HARVEY, 12 13 14 15 No. 2:13-cv-01928 JAM AC P Plaintiff, v. FINDINGS AND RECOMMENDATIONS H. SHIRLEY, et. al, Defendants. 16 17 By order filed May 7, 2014, plaintiff’s complaint was dismissed and thirty days leave to 18 file an amended complaint was granted. Thirty days from that date have now passed, and 19 plaintiff has not filed an amended complaint, or otherwise responded to the 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 Judge 23 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one days 24 after being served with these findings and recommendations, any party may file written 25 objections with the court and serve a copy on all parties. Such a document should be captioned 26 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 27 shall be served on all parties and filed with the court within fourteen (14) days after service of the 28 objections. The parties are advised that failure to file objections within the specified time may 1 Dockets.Justia.com 1 waive the right to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th 2 Cir. 1998); Martinez v. Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 1991). 3 DATED: July 9, 2014 4 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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