(TEMP)(PS) Blackshire v. Napa State Hospital, No. 2:2015cv01124 - Document 7 (E.D. Cal. 2015)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/24/15 recommending that this action be dismissed without prejudice: F&R referred to Judge Kimberly J. Mueller. Objections to F&R due within fourteen days. (Kaminski, H)

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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 PATRICK BLACKSHIRE, 12 Plaintiff, 13 14 15 v. No. 2:15-cv-1124 KJM CKD PS (TEMP) FINDINGS AND RECOMMENDATIONS NAPA STATE HOSPITAL, Defendant. 16 17 By order signed September 28, 2015, plaintiff’s pro se complaint was dismissed and he 18 was granted leave to file an amended complaint that cured the defects noted in that order. 19 Plaintiff was granted twenty-eight days from the date of the order to file an amended complaint 20 and was specifically cautioned that failure to respond to the court’s order in a timely manner 21 might result in a recommendation that this action be dismissed. The twenty-eight day period has 22 long since expired, and plaintiff has not responded to the court’s order in any manner. 23 24 25 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 will be submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, plaintiff may file written objections 28 with the court. A document containing objections should be titled “Objections to Magistrate 1 1 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections within 2 the specified time may waive the right to appeal the District Court’s order. See Martinez v. Ylst, 3 951 F.2d 1153 (9th Cir. 1991). 4 Dated: November 24, 2015 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 BVD\blackshire1124.fta.f&rs.docx 24 25 26 27 28 2

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