-GGH (PC)Chappell v. Duc et al, No. 2:2010cv02676 - Document 11 (E.D. Cal. 2011)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 3/21/11 ORDERING that Clerk shall assign a district judge to this case; RECOMMENDING that this action be dismissed with prejudice; 1 Prisoner Civil Rights Complaint referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)

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-GGH (PC)Chappell v. Duc et al Doc. 11 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 REX CHAPPELL, 11 12 13 Plaintiff, No. CIV S-10-2676 GGH P vs. DUC, et al., 14 ORDER & Defendants. 15 FINDINGS AND RECOMMENDATIONS / 16 By order filed December 14, 2011, the court granted plaintiff twenty-eight days to 17 file an amended complaint. In the December 14th order, the court informed plaintiff of the 18 deficiencies in his complaint. On January 11, 2011, plaintiff was granted a forty-five day 19 extension of time to file his amended complaint. The forty-five day period has now expired, and 20 plaintiff has not filed an amended complaint or otherwise responded to the court’s order. 21 IT IS HEREBY ORDERED that the Clerk shall assign a district judge to this case. 22 For the reasons given in the December 14, 2011, order, IT IS HEREBY 23 RECOMMENDED that this action be dismissed with prejudice. See Local Rule 110; Fed. R. 24 Civ. P. 41(b). 25 26 These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within 1 Dockets.Justia.com 1 fourteen (14) days after being served with these findings and recommendations, plaintiff may file 2 written objections with the court. The document should be captioned “Objections to Magistrate 3 Judge’s Findings and Recommendations.” Any response to the objections shall be filed and 4 served within fourteen days after service of the objections. Plaintiff is advised that failure to file 5 objections within the specified time may waive the right to appeal the District Court’s order. 6 DATED: March 21, 2011 7 /s/ Gregory G. Hollows 8 GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE 9 chap2676.fta 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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