-KJN (PC) Young v. Tilton, No. 2:2009cv03599 - Document 18 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/22/11 RECOMMENDING that this action be dismissed without prejudice; 1 Petition for Writ of Habeas Corpus referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 21 days.(Dillon, M)

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-KJN (PC) Young v. Tilton Doc. 18 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALBERT YOUNG, 11 Plaintiff, 12 No. 2:09-cv-3599 GEB KJN P vs. 13 JAMES A. TILTON, et al., 14 Defendants. 15 FINDINGS AND RECOMMENDATIONS / 16 By order filed February 22, 2011, plaintiff’s complaint was dismissed, and 17 plaintiff was granted thirty days within which to file an amended pleading. Plaintiff was 18 informed that “[f]ailure to respond to this order will result in a recommendation that this action 19 be dismissed.” (Dkt. No. 11.) On March 22, 2011, the court granted plaintiff’s request for an 20 additional ninety days in which to file an amended complaint. (Dkt. No. 15.) Plaintiff was 21 reminded of the June 20, 2011 deadline by order of this court filed June 8, 2011. (Dkt. No. 17.) 22 This extended deadline has now expired, and plaintiff has not filed an amended pleading or 23 otherwise responded to the court’s order. 24 //// 25 //// 26 //// Dockets.Justia.com 1 2 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 3 These findings and recommendations are submitted to the United States District 4 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 5 one days after being served with these findings and recommendations, plaintiff may file written 6 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 7 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 8 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 9 F.2d 1153 (9th Cir. 1991). 10 DATED: August 22, 2011 11 12 13 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 youn3599.fta

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