(PC) Johnson v. Schwarzenegger et al, No. 2:2009cv00977 - Document 17 (E.D. Cal. 2010)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 02/19/10 ORDERING the dismissal of this action on 01/14/10 is vacated. Also, RECOMMENDING that for the reasons stated in the court's 01/14/10 order, this matter be dismissed. Referred to Judge Frank C. Damrell. Objections due within 14 days. (Plummer, M)

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(PC) Johnson v. Schwarzenegger et al Doc. 17 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LA MERLE RONNIE JOHNSON, 11 12 Plaintiff, No. CIV S-09-0977 FCD KJM P vs. 13 ARNOLD SCHWARZENEGGER, et al., 14 Defendants. 15 16 ORDER AND FINDINGS & RECOMMENDATIONS / On January 14, 2010, the undersigned dismissed this action on the mistaken belief 17 that plaintiff had consented to magistrate judge jurisdiction. Plaintiff, however, had declined 18 magistrate judge jurisdiction on May 11, 2009. 19 20 21 22 23 Accordingly, IT IS HEREBY ORDERED that the dismissal of this action on January 14, 2010 is vacated. IT IS HEREBY RECOMMENDED that, for the reasons stated in the court’s January 14, 2010 order, this matter be dismissed. 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 fourteen 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 19, 2010. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 john0977.frs 25 26 2

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