(PC) Jenkins v. Beard, No. 2:2014cv02447 - Document 25 (E.D. Cal. 2015)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 9/17/2015 RECOMMENDING that this aciton be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Yin, K)

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(PC) Jenkins v. Beard Doc. 25 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LOUIS JENKINS, 12 Plaintiff, 13 14 No. 2:14-cv-2447 KJM AC P v. FINDINGS AND RECOMMENDATIONS JEFFREY BEARD, 15 Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights 17 18 action. By order filed May 6, 2015, the court dismissed plaintiff’s complaint for failure to state a 19 claim, and accorded plaintiff thirty days within which to file an amended complaint. See ECF 20 No. 8 at 2 (finding that the complaint “fails to identify any specifically challenged conduct by any 21 named defendant and fails to articulate any identifiable relief sought by plaintiff”). Plaintiff was 22 granted repeated extensions of time within which to file an amended complaint, most recently by 23 order filed August 6, 2013, which set a thirty-day deadline to September 5, 2013. See ECF Nos. 24 9, 15, 22. Plaintiff was informed that “failure to timely file an amended complaint will result in a 25 recommendation that this action be dismissed without prejudice.” ECF No. 22 at 2. The extended deadline has expired, and plaintiff has not filed an amended complaint or 26 27 otherwise responded to the court’s order. 28 //// 1 Dockets.Justia.com 1 2 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, plaintiff may file written objections 6 with the court; the document should be captioned “Objections to Magistrate Judge’s Findings and 7 Recommendations.” Plaintiff is advised that failure to file objections within the specified 8 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 9 (9th Cir. 1991). 10 DATED: September 17, 2015 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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