(PC) White v. OConner et al., No. 2:2016cv02675 - Document 15 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 05/11/18 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 BOBBY C. WHITE, 12 Plaintiff, 13 14 No. 2:16-cv-2675 MCE CKD P v. FINDINGS & RECOMMENDATIONS K. O’CONNER, et al., 15 Defendants. 16 By order filed October 10, 2017, plaintiff’s amended complaint was dismissed and thirty 17 18 days leave to file a second amended complaint was granted. Thirty days from that date have now 19 expired, and plaintiff has not filed a second amended complaint or otherwise responded to the 20 court’s order. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 21 22 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 23 These findings and recommendations are submitted to the United States District Judge 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 Magistrate Judge’s Findings 27 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 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 11, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 10 11 12/whit2675.fta 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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