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Chubbuck v. CDC: High Desert State Prison

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 13, 2009

DAVID T. CHUBBUCK, PLAINTIFF,
v.
THE CDC: HIGH DESERT STATE PRISON, ET AL., DEFENDANTS.

FINDINGS & RECOMMENDATIONS

By order filed March 14, 2008, plaintiff's second amended complaint was dismissed and thirty days leave to file a third amended complaint was granted. On May 6, 2008, plaintiff was granted an additional thirty days to file a third amended complaint. On June 11, 2008, plaintiff was granted an additional sixty days to file a third amended complaint. On September 5, 2008, plaintiff was granted an additional sixty days to file a third amended complaint. On November 19, 2008, plaintiff was granted one final thirty day extension of time to file a third amended complaint and was admonished that no further extension of time would be granted for this purpose. The time period has now expired, and plaintiff has not filed a third amended complaint or otherwise responded to the court's order.

Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 11-110; Fed. R. Civ. P. 41(b).

These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty days after being served with these findings and recommendations, plaintiff may file written objections with the court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Plaintiff is advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

20090113

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