Burke v. Wilson et al
| Adam Lee Burke |
| David A. Wilson and David A. Wilson Law Office |
| 2:2011cv02502 |
| September 20, 2011 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Shasta |
| Kendall J. Newman |
| Garland E. Burrell |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
5
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/8/11 recommending that Plaintiffs claim brought pursuant to 42 U.S.C. § 1983 be dismissed without leave to amend. 2. The court decline to exercise supplemental juris diction over plaintiffs state law professional negligence claim. See 28 U.S.C. § 1367(c)(3). 3. The Clerk of Court be directed to close this case. These findings and recommendations are submitted to the United States District Judge assigned to t he case, pursuant to the provisions of 28 U.S.C. § 636(b) (1). Within fourteen days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Id.; see also E . Dist. Local Rule 304(b). Such a document should be captioned Objections to Magistrate Judges Findings and Recommendations. Any response to the objections shall be filed with the court and served on all parties within fourteen days after service of the objections. E. Dist. Local Rule 304(d). Failure to file objections within the specified time may waive the right to appeal the District Courts order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 1991). Objections to F&R due within 14 days. (Matson, R)
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Filing
3
ORDER signed by Magistrate Judge Kendall J. Newman on 9/29/2011 ORDERING that Plaintiff's 2 request to proceed in forma pauperis is GRANTED. Plaintiff's 1 complaint is DISMISSED without prejudice. Plaintiff is granted 30 days from the date of this order to file an amended complaint that is complete in itself. The amended complaint must bear the docket number assigned to this case and must be entitled "First Amended Complaint." If plaintiff files an amended complaint, he will be ordered to pay the $350 filing fee in accordance with 28 U.S.C. 1915 (b).(Duong, D)
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