(PC) Walker v. Silbugh et al, No. 2:2009cv00916 - Document 15 (E.D. Cal. 2010)
Court Description: [VACATED per 17 Order] FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 1/11/10 recommending that this action be dismissed without prejudice. Referred to Judge William B. Shubb; Objections to F&R due within 21 days.(Dillon, M) Modified on 2/8/2010 (Dillon, M).
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(PC) Walker v. Silbugh et al Doc. 15 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEFFREY E. WALKER, 11 12 13 14 Plaintiff, vs. D. SILBUGH, et al., Defendants. 15 16 No. CIV S-09-0916 WBS DAD P FINDINGS & RECOMMENDATIONS / By order filed November 16, 2009, plaintiff’s complaint and amended complaint 17 were dismissed and thirty days leave to file a second amended complaint was granted. The thirty 18 day period has now expired, and plaintiff has not filed a second 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 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 11, 2010. 4 5 6 7 DAD:lg walk0916.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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