(HC) Burton v. Swartout, No. 2:2009cv03332 - Document 18 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/7/10 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)

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(HC) Burton v. Swartout Doc. 18 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CARLOS CORTEZ BURTON, 11 Petitioner, 12 vs. 13 No. 2:09-cv-3332 GEB KJN P S. SWARTHOUT, 14 15 16 Respondent. FINDINGS & RECOMMENDATIONS / By order filed June 10, 2010, petitioner was ordered to show cause, within twenty- 17 one days, why his action should not be dismissed. That period has now expired, and petitioner 18 has not shown cause or otherwise responded to the court's order. 19 20 21 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 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 fourteen 23 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 reply to the objections 26 shall be served and filed within fourteen days after service of the objections. The parties are 1 Dockets.Justia.com 1 advised that failure to file objections within the specified time may waive the right to appeal the 2 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 DATED: July 7, 2010 4 5 6 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 7 8 burt3332.fsc 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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