(PC) Emerson v. New Folsom State Prison, No. 2:2014cv01569 - Document 22 (E.D. Cal. 2014)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/16/2014 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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(PC) Emerson v. New Folsom State Prison Doc. 22 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEFFREY EMERSON, 12 Plaintiff, 13 14 No. 2:14-cv-1569 TLN KJN P v. FINDINGS & RECOMMENDATIONS NEW FOLSOM STATE PRISON, 15 Defendant. 16 By order filed August 14, 2014, plaintiff’s complaint was dismissed and thirty days leave 17 18 to 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. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 20 21 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 22 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 fourteen days 24 after being served with these findings and recommendations, plaintiff may file written objections 25 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 26 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 27 ///// 28 ///// 1 Dockets.Justia.com 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 16, 2014 4 5 Em1569.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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