(PC) Mason v. Lewis et al, No. 2:2008cv02604 - Document 22 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 1/15/2010 RECOMMENDING that this action be dismissed w/out prejudice. Referred to Judge John A. Mendez; Objections to F&R due w/in 21 days. (Yin, K)

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(PC) Mason v. Lewis et al Doc. 22 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEMARC M. MASON, 11 Plaintiff, 12 vs. 13 No. CIV S-08-2604 JAM DAD P J. LEWIS, et al., 14 Defendants. 15 FINDINGS AND RECOMMENDATIONS / 16 By order filed December 2, 2009, plaintiff’s complaint was dismissed and thirty 17 days leave to file an amended complaint was granted. The thirty day period has now expired, and 18 plaintiff has not filed an amended complaint or otherwise responded to the court’s order. 19 20 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 21 These findings and recommendations are submitted to the United States District 22 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 23 one (21) days after being served with these findings and recommendations, plaintiff may file 24 written objections with the court. The document should be captioned “Objections to Magistrate 25 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections 26 ///// 1 Dockets.Justia.com 1 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 2 Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 DATED: January 15, 2010. 4 5 6 7 DAD:lg maso2604.fta 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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