(PC) Proctor v. Felker et al, No. 2:2008cv03158 - Document 28 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 3/3/10 RECOMMENDING that this action be dismissed with prejudice. Referred to Judge John A. Mendez; Objections to F&R due within 20 days. (Dillon, M)

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(PC) Proctor v. Felker et al Doc. 28 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD L. PROCTOR, JR., 11 Plaintiff, 12 vs. 13 No. CIV S-08-3158 JAM GGH P T. FELKER, et al., 14 Defendants. 15 FINDINGS & RECOMMENDATIONS / 16 By order filed December 9, 2009, the court granted defendants’ motion to dismiss 17 and granted plaintiff twenty-eight days to file an amended complaint. The twenty-eight day 18 period has now expired, and plaintiff has not filed an amended complaint or otherwise responded 19 to the court’s order. 20 For the reasons given in the December 9, 2009, order, IT IS HEREBY 21 RECOMMENDED that this action be dismissed with prejudice. See Local Rule 110; Fed. R. 22 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 Title 28 U.S.C. § 636(b)(l). Within 25 twenty days after being served with these findings and recommendations, plaintiff may file 26 written objections with the court. The document should be captioned “Objections to Magistrate 1 Dockets.Justia.com 1 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections 2 within the specified time may waive the right to appeal the District Court’s order. 3 DATED: March 3, 2010 4 /s/ Gregory G. Hollows 5 GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE 6 7 8 pro3158.fta 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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