(PC) Davis v. Johnson et al, No. 2:2017cv00544 - Document 51 (E.D. Cal. 2019)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/16/2019 RECOMMENDING this action be dismissed without prejudice. Referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Yin, K)

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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 DENNIS DAVIS, 12 Plaintiff, 13 14 No. 2:17-cv-0544 JAM CKD P v. FINDINGS AND RECOMMENDATIONS B. JOHNSON, et al., 15 Defendants. 16 On July 29, 2019, the court directed plaintiff to file a pretrial statement by October 1, 17 18 2019. Plaintiff has not responded to the court’s order. The court will therefore recommend that 19 this action be dismissed without prejudice. See Fed. R. Civ. P. 41(b). Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 20 21 prejudice. See 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, an party may file written objections 25 with the court and serve a copy on all parties. Such a document should be captioned “Objections 26 to Magistrate Judge’s Findings and Recommendations.” Any response to the objections shall be 27 served and filed within fourteen days after service of the objections. The parties are advised that 28 ///// 1 1 failure to file objections within the specified time may waive the right to appeal the District 2 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 Dated: October 16, 2019 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 1 davi0544.fpts 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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