(PC) Peeler v. Machado et al, No. 2:2013cv02429 - Document 59 (E.D. Cal. 2015)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 7/14/15 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days.(Dillon, 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 BRICE A. PEELER, 12 13 14 15 No. 2:13-cv-2429 TLN CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS MACHADO, et al., Defendants. 16 17 By order filed June 12, 2015, this court directed plaintiff to file a pretrial statement within 18 21 days. Plaintiff has neither filed his pretrial statement nor a request for an extension of time to 19 do so. Good cause appearing, the court will recommend that this action be dismissed without 20 prejudice. See Fed. R. Civ. P. 41(b). 21 22 In accordance with the above, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See 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, 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 response to the 28 objections shall be served and filed within fourteen days after service of the objections. The 1 1 parties are advised that failure to file objections within the specified time may waive the right to 2 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 Dated: July 14, 2015 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 1 peel2429.fpt 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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