-GGH (PC) Pough v. Murry et al, No. 2:2010cv02774 - Document 8 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 3/9/2011 RECOMMENDING that this action be dismissed w/out prejudice. Assigned and Referred to Judge Garland E. Burrell, Jr.; Objections due w/in 14 days. (Yin, K)

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-GGH (PC) Pough v. Murry et al Doc. 8 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANA J. POUGH, 11 Plaintiff, 12 13 No. CIV S-10-2774 GGH P vs. WILLIAM J. MURRAY, et al., 14 Defendants. 15 FINDINGS & RECOMMENDATIONS / 16 By order filed October 29, 2011, plaintiff’s complaint was dismissed and twenty- 17 eight days leave to file an amended complaint was granted. The twenty-eight day period has now 18 expired, and plaintiff has not filed an amended complaint or otherwise responded to the court’s 19 order. 20 Although it appears from the file that plaintiff’s copy of the order was returned, 21 plaintiff was properly served. It is the plaintiff’s responsibility to keep the court apprised of his 22 current address at all times. Pursuant to Local Rule 182(f), service of documents at the record 23 address of the party is fully effective. 24 IT IS HEREBY RECOMMENDED that this action be dismissed without 25 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 26 ///// 1 Dockets.Justia.com 1 These findings and recommendations are submitted to the United States District 2 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 3 days after being served with these findings and recommendations, plaintiff may file written 4 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 5 Findings and Recommendations.” Any response to the objections shall be filed and served 6 within fourteen days after service of the objections. Plaintiff is advised that failure to file 7 objections within the specified time waives the right to appeal the District Court’s order. 8 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 DATED: March 9, 2011 10 /s/ Gregory G. Hollows 11 UNITED STATES MAGISTRATE JUDGE 12 GGH:035 poug2774.fta 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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