(PC) Graham v. Jaffe et al, No. 2:2008cv02533 - Document 25 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/3/10 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 21 days.(Dillon, M)

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(PC) Graham v. Jaffe et al Doc. 25 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY GRAHAM, 11 Plaintiff, 12 vs. 13 No. 2:08-cv-2533 GEB KJN P M. JAFFE, et al., 14 Defendants. 15 16 FINDINGS & RECOMMENDATIONS / By order filed February 9, 2010, plaintiff’s amended complaint was dismissed and 17 thirty days leave to file a second amended complaint was granted. After an initial thirty day 18 extension of time, plaintiff was granted a second extension of time. (Dkt. Nos. 22, 24.) On April 19 16, 2010, plaintiff was ordered to file his second amended complaint within forty-five days and 20 warned that no further extensions of time would be granted. (Dkt. No. 24.) The forty-five day 21 period has now expired, and plaintiff has not filed a second amended complaint or otherwise 22 responded to the court’s order. 23 24 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 25 These findings and recommendations are submitted to the United States District 26 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty1 Dockets.Justia.com 1 one days after being served with these findings and recommendations, plaintiff may file written 2 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 3 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 4 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 5 F.2d 1153 (9th Cir. 1991). 6 DATED: June 3, 2010 7 8 9 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 10 11 12 grah2533.fta 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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