(PS) Durden v. Feinstein, No. 2:2016cv00031 - Document 5 (E.D. Cal. 2016)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 3/9/2016 RECOMMENDING that this action be dismissed with prejudice. Referred to Judge Troy L. Nunley. Objections to F&R due within 14 days. (Zignago, K.)

Download PDF
(PS) Durden v. Feinstein Doc. 5 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LARRY FRANCIS DURDEN, SR., 12 Plaintiff, 13 14 No. 2:16-cv-0031 TLN GGH PS v. FINDINGS AND RECOMMENDATIONS DIEANN FEINSTEIN, 15 Defendant. 16 By order filed February 8, 2016, plaintiff’s complaint was dismissed and twenty-eight 17 18 days leave to file an amended complaint was granted. In that order, the court informed plaintiff 19 of the deficiencies in his complaint. The twenty-eight day period has now expired, and plaintiff 20 has not filed an amended complaint. Plaintiff has instead filed a mostly unintelligible and 21 rambling document indicating that he will not be filing an amended complaint. (ECF No. 4 at 3, 22 5.) 23 Plaintiff has apparently decided to rest on the dismissed complaint. For the reasons given 24 in the February 8, 2016, order, IT IS HEREBY RECOMMENDED that this action be dismissed 25 with prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, plaintiff may file written objections 1 Dockets.Justia.com 1 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 2 and Recommendations.” Plaintiff is advised that failure to file objections within the 3 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 4 F.2d 1153 (9th Cir. 1991). 5 Dated: March 9, 2016 6 /s/ Gregory G. Hollows 7 United States Magistrate Judge 8 9 10 11 12 GGH:076/Durden0031.fta 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.