(PC) Mayes v. Frasiher et al, No. 2:2018cv02347 - Document 23 (E.D. Cal. 2019)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/11/2019 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Troy L. Nunley; 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 RICHARD VINCENT MAYES, 12 Plaintiff, 13 14 No. 2: 18-cv-2347 TLN KJN P v. FINDINGS & RECOMMENDATIONS FRASIHER, et al., 15 Defendants. 16 On January 31, 2019, the undersigned granted plaintiff thirty days to file an amended 17 18 complaint. In this order, the undersigned warned plaintiff that failure to file an amended 19 complaint within that time would result in a recommendation of dismissal of this action. Thirty 20 days passed from January 31, 2019 and plaintiff did not file 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 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 //// 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: March 11, 2019 4 5 6 7 8 Mayes2347.fta(2) 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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