(PC) Burgdorf v. Fitch, et al, No. 2:2012cv02134 - Document 20 (E.D. Cal. 2012)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/13/12 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
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(PC) Burgdorf v. Fitch, et al Doc. 20 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL CRAIG BURGDORF, 11 Plaintiff, 12 13 No. 2:12-cv-2134 MCE CKD P vs. CAPTAIN FITCH, et al., 14 Defendants. 15 FINDINGS & RECOMMENDATIONS / 16 By order filed September 17, 2012, 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. Accordingly, IT IS 19 HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 20 110; 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 fourteen 23 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: November 13, 2012 4 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 1 burg2134.fta 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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