(PC) Bell v. City of Vallejo et al, No. 2:2017cv00949 - Document 12 (E.D. Cal. 2017)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/4/2017 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr. 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 KENNETH M. BELL, 12 13 14 No. 2: 17-cv-0949 GEB KJN P Plaintiff, v. FINDINGS & RECOMMENDATIONS CITY OF VALLEJO, et al., 15 Defendants. 16 17 By order filed August 28, 2017, plaintiff was granted thirty days to either file an amended 18 complaint or return the forms necessary for service. Thirty days passed and plaintiff failed to file 19 an amended complaint or the forms necessary for service, or otherwise respond to the August 28, 20 2017 order. 21 22 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 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 and serve a copy on all parties. Such a document should be captioned 27 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 28 failure to file objections within the specified time may waive the right to appeal the District 1 1 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 2 Dated: October 4, 2017 3 4 5 6 Bell949.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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