(PC)Fruits v. Shasta County Sheriffs, No. 2:2016cv01204 - Document 41 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/10/18 RECOMMENDING that this action be 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 JOHN P. FRUITS, 12 Plaintiff, 13 14 No. 2:16-cv-1204 MCE KJN P v. FINDINGS AND RECOMMENDATIONS SHASTA COUNTY SHERIFF, et al., 15 Defendants. 16 17 By order filed April 3, 2018, plaintiff was ordered to show cause, within thirty days, why 18 this action should not be dismissed. The thirty day period has now expired, and plaintiff has not 19 shown cause 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 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: May 10, 2018 4 5 /frui1204.fsc 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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