-JFM (PC) Stickel v. Marsh, No. 2:2010cv02610 - Document 11 (E.D. Cal. 2011)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 2/9/11 RECOMMENDING that this action be dismissed without prejudice re 1 Prisoner Civil Rights Complaint filed by Benjamin Stickel. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
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-JFM (PC) Stickel v. Marsh Doc. 11 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BENJAMIN STICKEL, 11 Plaintiff, 12 13 14 No. 2:10-cv-2610 JFM (PC) vs. LT. MARSH, ORDER AND Defendants. 15 FINDINGS & RECOMMENDATIONS / 16 By order filed December 14, 2010, plaintiff’s amended complaint was dismissed 17 and thirty days leave to file a second amended complaint was granted. The thirty day period has 18 now expired, and plaintiff has not filed a second amended complaint or otherwise responded to 19 the court’s order. 20 21 22 23 24 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign this action to a United States District Judge; and 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 25 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 26 days after being served with these findings and recommendations, plaintiff may file written 1 Dockets.Justia.com 1 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 2 Findings and Recommendations.” Any response to the objections shall be filed and served 3 within fourteen days after service of the objections. Plaintiff is advised that failure to file 4 objections within the specified time may waive the right to appeal the District Court’s order. 5 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 DATED: February 9, 2011. 7 8 9 10 11 12 stic2610.fta 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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