(PC) Williams v. CSP-Solano, et al, No. 2:2004cv02559 - Document 98 (E.D. Cal. 2008)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 02/08/08 ORDERING that dft Roher is RELIEVED from filing a pretrial statement and RECOMMENDING that this action be dismissed w/o prejudice. Objections due w/i 20 days; referred to Judge Lawrence K. Karlton. (Benson, A)

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(PC) Williams v. CSP-Solano, et al Doc. 98 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID RAY WILLIAMS, Plaintiff, 11 12 13 14 vs. CSP-SOLANO, et al., ORDER AND Defendant. FINDINGS AND RECOMMENDATIONS / 15 16 No. CIV S-04-2559 LKK KJM P By order filed January 11, 2008, this court directed plaintiff to file a pretrial 17 statement on or before February 1, 2008. Plaintiff has not responded to the court's order. The 18 court will therefore recommend that this action be dismissed without prejudice. See Fed. R. Civ. 19 P. 16(f); Local Rule 11-110. 20 21 22 23 In accordance with the above, IT IS HEREBY ORDERED that defendant Roher is relieved from filing a pretrial statement; and IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. P. 16(f); Local Rule 11-110. 24 These findings and recommendations are submitted to the United States District 25 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty 26 days after being served with these findings and recommendations, any party may file written 1 Dockets.Justia.com 1 objections with the court and serve a copy on all parties. Such a document should be captioned 2 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 3 shall be served and filed within ten days after service of the objections. The parties are advised 4 that failure to file objections within the specified time may waive the right to appeal the District 5 Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 DATED: February 8, 2008. 7 8 9 1 will2559.fpt 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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