(PC) Pauley v. State of California et al, No. 2:2018cv02595 - Document 23 (E.D. Cal. 2019)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/22/2019 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 EDWIN PAULEY, 12 Plaintiff, 13 14 No. 2:18-cv-2595 TLN KJN P v. FINDINGS & RECOMMENDATIONS STATE OF CALIFORNIA, et al., 15 Defendants. 16 By order filed November 13, 2018, plaintiff’s complaint was dismissed and thirty days 17 18 leave to file an amended complaint was granted. On December 12, 2018, plaintiff was granted an 19 additional sixty days in which to file an amended complaint. On January 2, 2019, plaintiff was 20 granted one final extension of thirty days in which to file an amended complaint, and was warned 21 that no further extensions of time would be granted. Over thirty days from that date have now 22 expired, and plaintiff has not filed an amended complaint or otherwise responded to the court’s 23 order. 24 25 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, plaintiff may file written objections 1 1 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 2 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 3 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 4 (9th Cir. 1991). 5 Dated: February 22, 2019 6 7 /paul2595.fta 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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