(PC) Woodward v. Subia et al, No. 2:2007cv00498 - Document 46 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 1/6/10 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge John A. Mendez; Objections to F&R due within 21 days.(Dillon, M)

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(PC) Woodward v. Subia et al Doc. 46 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHNIE M. WOODWARD, Plaintiff, 11 12 No. CIV S-07-0498 JAM KJM P vs. 13 ROSANNE CAMPBELL, Warden, et al., 14 Defendants. FINDINGS & RECOMMENDATIONS / 15 16 By order filed September 11, 2009, plaintiff’s second amended complaint was 17 dismissed and thirty days leave to file a third amended complaint was granted. The thirty day 18 period has now expired, and plaintiff has not filed a third amended complaint or otherwise 19 responded to the court’s order. 20 21 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 11-110; Fed. R. Civ. P. 41(b). 22 These findings and recommendations are submitted to the United States District 23 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 24 one days after being served with these findings and recommendations, plaintiff may file written 25 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 26 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 1 Dockets.Justia.com 1 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 2 F.2d 1153 (9th Cir. 1991). 3 DATED: January 6, 2010. 4 5 wood0498.fta 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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