-DAD (TEMP)(PC) Thomas v. Mo, et al.,, No. 2:2010cv01237 - Document 21 (E.D. Cal. 2011)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 03/18/11 recommending that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell. Objections due within 21 days. (Plummer, M)
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-DAD (TEMP)(PC) Thomas v. Mo, et al., Doc. 21 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NELSON LOUIS THOMAS, 11 Plaintiff, 12 vs. 13 No. CIV S-10-1237 GEB DAD (TEMP) P STEVE MO, et al., 14 Defendants. 15 FINDINGS & RECOMMENDATIONS / 16 By order filed January 31, 2011, plaintiff’s amended complaint was dismissed and 17 thirty days leave to file a second amended complaint was granted. The thirty day period has now 18 expired, and plaintiff has not filed a second amended complaint or otherwise responded to the 19 court’s order. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed 20 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, plaintiff may file written 24 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 25 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 26 ///// 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 18, 2011. 4 5 6 7 DAD:kc thom1237.fta 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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