(PC) Stally v. Sisto, et al, No. 2:2007cv01498 - Document 8 (E.D. Cal. 2008)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 2/6/08 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Ronald S.W. Lew. Objections to F&R due within 20 days.(Dillon, M)
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(PC) Stally v. Sisto, et al Doc. 8 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GREGORY STALLY, 11 12 Plaintiff, No. CIV S-07-1498 LEW JFM P vs. 13 Warden D.K. SISTO, et al., 14 Defendants. 15 16 FINDINGS & RECOMMENDATIONS / By order filed September 13, 2007, plaintiff’s complaint was dismissed and thirty 17 days leave to file an amended complaint was granted. By order filed December 19, 2007, 18 plaintiff was granted an additional thirty day period in which to file an amended complaint. The 19 latter thirty day period has now expired, and plaintiff has not filed an amended complaint or 20 otherwise further responded to the court’s order. 21 22 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 11-110; Fed. R. Civ. P. 41(b). 23 These findings and recommendations are submitted to the United States District 24 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty 25 days after being served with these findings and recommendations, plaintiff may file written 26 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 1 Dockets.Justia.com 1 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 2 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 3 F.2d 1153 (9th Cir. 1991). 4 DATED: February 6, 2008. 5 6 7 8 stal1498.fta 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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