(PC) Severson v. Yates et al, No. 1:2010cv01275 - Document 11 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS recommending that this 1 Action be Dismissed without Prejudice signed by Magistrate Judge Jennifer L. Thurston on 11/9/2010. Referred to Judge Anthony W. Ishii. Objections to F&R due by 11/29/2010. (Sant Agata, S)
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(PC) Severson v. Yates et al Doc. 11 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TIMOTHY J. SEVERSON, 12 13 Plaintiff, vs. 14 JAMES A. YATES, et al., 15 FINDINGS AND RECOMMENDATIONS RECOMMENDING THAT THIS ACTION BE DISMISSED WITHOUT PREJUDICE Defendants. 16 Case No. 1:10-cv-01275 AWI JLT (PC) (Doc. 10) ________________________________/ 17 18 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action 19 pursuant to 42 U.S.C. § 1983. On November 5, 2010, Plaintiff filed a motion for the voluntary 20 dismissal of this action. (Doc. 10.) 21 22 Accordingly, it is HEREBY RECOMMENDED that Plaintiff’s request be respected and this action be DISMISSED without prejudice. See Fed. R. Civ. P. 41(a). 23 These findings and recommendations are submitted to the United States District Judge 24 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and Rule 304 of the 25 Local Rules of Practice for the United States District Court, Eastern District of California. Within 26 fourteen days after being served with these findings and recommendations, Plaintiff may file written 27 objections with the court. Such a document should be captioned “Objections to Magistrate Judge’s 28 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the Dockets.Justia.com 1 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 2 1153 (9th Cir. 1991). 3 4 IT IS SO ORDERED. 5 Dated: November 9, 2010 9j7khi 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE