-DAD (PS) White et al v. Lemendola, No. 2:2010cv03303 - Document 8 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 07/29/11 recommending that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 21 days. (Plummer, M)

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-DAD (PS) White et al v. Lemendola Doc. 8 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DERRICK RICHARDS WHITE, et al., 11 Plaintiffs, 12 13 14 15 No. CIV S-10-3303 KJM DAD PS vs. JACK LEMENDOLA, Defendant. FINDINGS AND RECOMMENDATIONS / 16 By order signed June 6, 2011, plaintiffs’ pro se complaint was dismissed with 17 leave to file an amended complaint that cures the defects noted in that order. Plaintiffs were 18 granted forty-five days from the date of the order to file an amended complaint and were 19 cautioned that failure to respond to the court’s order in a timely manner may result in a 20 recommendation that this action be dismissed. The forty-five-day period has expired, and 21 plaintiffs have not responded to the court’s order in any manner. 22 23 24 Accordingly, 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 will be submitted to the United States 25 District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 26 twenty-one days after being served with these findings and recommendations, plaintiffs may file 1 Dockets.Justia.com 1 written objections with the court. A document containing objections should be titled “Objections 2 to Magistrate Judge’s Findings and Recommendations.” Plaintiffs are advised that failure to file 3 objections within the specified time may waive the right to appeal the District Court’s order. See 4 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 DATED: July 29, 2011. 6 7 8 9 DAD:kw Ddad1\orders.pro se\white3303.fta.f&r 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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