(PC) Dietle v. McDonald, No. 2:2009cv01142 - Document 17 (E.D. Cal. 2010)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 3/4/10 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Frank C. Damrell, Jr.; Objections to F&R due within 20 days. (Dillon, M)
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(PC) Dietle v. McDonald Doc. 17 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARRELL L. DIETLE, 11 Plaintiff, 12 No. CIV S-09-1142 FCD KJM P vs. 13 MIKE McDONALD, et al., 14 Defendants. 15 16 FINDINGS & RECOMMENDATIONS / By order filed November 25, 2009, plaintiff’s complaint was dismissed with leave 17 to file an amended complaint. On January 13, 2010, plaintiff was granted an additional thirty 18 days in which to file his amended complaint. The thirty day period has now expired, and 19 plaintiff has not filed an amended complaint or otherwise responded to the court’s order. 20 21 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 11-110; 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 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: March 4, 2010. 4 5 diet1142.fta 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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