(PC) Gallegos v. Cates et al, No. 2:2009cv01757 - Document 11 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/13/10 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 21 days.(Dillon, M)

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(PC) Gallegos v. Cates et al Doc. 11 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAYMUNDO GALLEGOS, 11 12 13 14 15 16 Plaintiff, No. 2:09-cv-1757 GEB KJN P vs. MATTHEW CATES, et al., Defendants. FINDINGS & RECOMMENDATIONS / By order March 17, 2010, plaintiff’s complaint was dismissed and he was granted 17 thirty days to file an amended complaint. The thirty day period has now expired, and plaintiff 18 has not filed an amended complaint or otherwise responded to the court’s order. 19 20 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 days after being served with these findings and recommendations, any party may file written 24 objections with the court and serve a copy on all parties. Such a document should be captioned 25 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 26 objections shall be filed and served within fourteen days after service of the objections. The 1 Dockets.Justia.com 1 parties are advised that failure to file objections within the specified time may waive the right to 2 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 DATED: May 13, 2010 4 5 6 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 7 8 9 gall1757.dsm 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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