(PS) Bennett v. US Department of Justice et al, No. 2:2017cv01903 - Document 6 (E.D. Cal. 2017)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/6/17 Recommending that this Action 4 , 1 be dismissed without prejudice. These Findings and Recommendations are submitted to U.S. District Judge Garland E. Burrell, Jr. Objections to these F&Rs due within fourteen days. (Mena-Sanchez, L)

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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 STACEY A. BENNETT, 12 13 14 No. 2:17-cv-01903 GEB CKD (PS) Plaintiff, v. FINDINGS AND RECOMMENDATIONS U.S. DEPARTMENT OF JUSTICE, et al., 15 Defendants. 16 17 By order filed October 24, 2017, plaintiff’s first amended complaint was dismissed, and 18 plaintiff was granted thirty days to file a second amended complaint. Plaintiff was advised that 19 failure to file an amended complaint would result in a recommendation that this action be 20 dismissed. The thirty day period has now expired, and plaintiff has not filed a second amended 21 complaint. 22 23 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after being served with these findings and recommendations, any party may file written 27 objections with the court and serve a copy on all parties. Such a document should be captioned 28 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 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: December 6, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 10 2 bennett1903.fta_fr 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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