(PC) Harrison v. Flores et al, No. 2:2016cv01130 - Document 17 (E.D. Cal. 2017)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 5/09/17 recommending that this action is dismissed without prejudice. Referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, 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 CARL HARRISON, 12 No. 2:16-cv-1130 MCE CKD P Plaintiff, 13 v. 14 FLORES, et al., 15 FINDINGS AND RECOMMENDATIONS Defendants. 16 On March 22, 2017, plaintiff’s complaint was dismissed and thirty days leave to file an 17 18 amended complaint was granted. Plaintiff was warned that failure to file an amended complaint 19 would result in a recommendation that this action be dismissed. The thirty day period has now 20 expired, and plaintiff has not filed an amended complaint. Accordingly, IT IS HEREBY 21 RECOMMENDED that this action is dismissed without prejudice. See Local Rule 110; Fed. R. 22 Civ. P. 41(b). These findings and recommendations will be submitted to the United States District Judge 23 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, plaintiff may file written objections 26 with the court. The document should be captioned “Objections to Findings and 27 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 28 ///// 1 may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 2 Cir. 1991). 3 Dated: May 9, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 1 harr1130.fta 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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