(HC) Escobedo v. Salinas, No. 2:2009cv02504 - Document 12 (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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(HC) Escobedo v. Salinas Doc. 12 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GILBERT ESCOBEDO, 11 Plaintiff, Defendant. 12 13 No. CIV S-09-2504 JAM GGH P FINDINGS & RECOMMENDATIONS vs. S. SALINAS, 14 15 / 16 On December 16, 2009, plaintiff’s request for a reconsideration of the 17 undersigned’s order dismissing plaintiff’s petition for writ of habeas corpus, re-designating the 18 case as a civil rights action under 42 U.S.C. § 1983 and granting plaintiff leave to file an 19 amended complaint was denied by the district judge. To date, plaintiff has not filed an amended 20 complaint. Therefore, IT IS HEREBY RECOMMENDED that this action be dismissed with 21 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 Title 28 U.S.C. § 636(b)(l). Within 24 twenty days after being served with these findings and recommendations, plaintiff may file 25 written objections with the court. The document should be captioned “Objections to Magistrate 26 \\\\\ 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 UNITED STATES MAGISTRATE JUDGE esco2504.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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