(PS) Kane v. State of California et al, No. 2:2017cv00150 - Document 4 (E.D. Cal. 2017)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 3/6/17 RECOMMENDING that this action be DISMISSED without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). Referred to Judge Morrison C. England Jr.; Objections due within 14 days after being served with these findings and recommendations. (Becknal, 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 DANIEL KANE, 12 Plaintiff, 13 14 15 No. 2:17-cv-0150 MCE CKD PS v. FINDINGS AND RECOMMENDATIONS PEOPLE OF THE STATE OF CALIFORNIA, et al., Defendants. 16 17 By order filed January 26, 2017, plaintiff’s complaint was dismissed and thirty days leave 18 19 to file an amended complaint was granted. The thirty day period has now expired, and plaintiff 20 has not filed an amended complaint or otherwise responded to the 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, any party may file written 26 objections with the court and serve a copy on all parties. Such a document should be captioned 27 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 28 ///// 1 1 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 2 Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 Dated: March 6, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 4 kane0150.fta 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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