(PS)Williams v. California State Prison Solano et al, No. 2:2007cv00432 - Document 9 (E.D. Cal. 2009)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/1/09: IT IS RECOMMENDED that this action be dismissed without prejudice, Fed. R. Civ. P. 41(b), and the Clerk of Court be directed to close this case 1 . Objections to F&R due within ten days. (Kaminski, H)

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(PS)Williams v. California State Prison Solano et al Doc. 9 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, 11 12 13 Plaintiff, No. CIV S-07-0432 GEB EFB PS vs. CALIFORNIA STATE PRISON SOLANO MEDICAL STAFF, et al., 14 Defendants. FINDINGS AND RECOMMENDATIONS 15 / 16 17 On January 28, 2009, after extending time within which plaintiff was permitted to submit 18 service of process information to the U.S. Marshal, this court ordered plaintiff to show cause in 19 writing within ten days why this action should not be dismissed “for failure to serve process, 20 Fed. R. Civ. P. 4(m), failure to prosecute this action, Fed. R. Civ. P. 41(b), and [] failure to abide 21 by the rules and rulings of this court, Fed. R. Civ. P. 11.” See Dckt. No. 8, at p. 2. The court 22 further noted that “[f]ailure to respond to this order shall be construed as abandonment of the 23 case.” Id. 24 This deadline has long since expired, and plaintiff has made no communication with the 25 court. The court therefore construes the failure of plaintiff to respond to the court’s order as 26 abandonment of this case. 1 Dockets.Justia.com 1 2 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice, Fed. R. Civ. P. 41(b), and the Clerk of Court be directed to close this case. 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within ten days after 5 being served with these findings and recommendations, any party may file written objections 6 with the court and serve a copy on all parties. Such a document should be captioned “Objections 7 to Magistrate Judge’s Findings and Recommendations.” Failure to file objections within the 8 specified time may waive the right to appeal the District Court’s order. Turner v. Duncan, 158 9 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 DATED: September 1, 2009. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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