(PC) Robben v. El Dorado County et al, No. 2:2016cv02697 - Document 33 (E.D. Cal. 2018)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/21/2018 LIFTING the stay of this action and RECOMMENDING that this action be dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)

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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 TODD ROBBEN, 12 Plaintiff, 13 14 No. 2:16-cv-2697 JAM KJN P v. ORDER AND FINDINGS AND RECOMMENDATIONS EL DORADO COUNTY, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding pro se. On June 8, 2017, plaintiff’s complaint was 18 dismissed with leave to amend. Following multiple extensions of time, by order filed November 19 8, 2017, plaintiff’s motion for stay was partially granted, and this action was stayed for 90 days. 20 Plaintiff was ordered to file a motion to lift the stay, accompanied by his proposed amended 21 complaint within 90 days, and cautioned that his failure to comply would result in a 22 recommendation that this action be dismissed without prejudice. Ninety days have now passed, 23 and plaintiff has not filed a motion to lift the stay, and has not submitted a proposed amended 24 complaint. Accordingly, IT IS HEREBY ORDERED that the stay of this action (ECF No. 29) is 25 26 lifted; and 27 //// 28 //// 1 1 2 IT IS 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 7 and 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: February 21, 2018 11 12 robb2697.lft.fta 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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