(PC) Payne v. Baser et al, No. 2:2018cv00956 - Document 34 (E.D. Cal. 2019)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/29/19 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
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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 JAVANCE ROSS PAYNE, 12 Plaintiff, 13 v. 14 C. BASER, et al., 15 No. 2:18-cv-0956 JAM CKD P FINDINGS AND RECOMMENDATIONS Defendants. 16 On July 26, 2019, plaintiff’s complaint was dismissed with leave to amend. Plaintiff has 17 18 been warned that failure to file an amended complaint within the time allotted would result in a 19 recommendation that this action be dismissed. ECF No. 33. Plaintiff’s amended complaint was 20 due October 16, 2019 (id.) and plaintiff has not filed an amended complaint. 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 after 25 being served with these findings and recommendations, plaintiff may file written objections with 26 the court. The document should be captioned “Objections to Magistrate Judge’s Findings and 27 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 28 ///// 1 1 waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 2 1991). 3 Dated: October 29, 2019 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 1 payn0956.fta 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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