(PC) Birks v. Santos, No. 2:2007cv01473 - Document 36 (E.D. Cal. 2010)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 4/21/2010 RECOMMENDING that this action be dismissed w/out prejudice. Referred to Judge Lawrence K. Karlton; Objections to F&R due w/in 21 days. (Yin, K)
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(PC) Birks v. Santos Doc. 36 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LAWRENCE BIRKS , 11 12 13 14 Plaintiff, No. CIV S-07-1473 LKK DAD P vs. ROBERT SANTOS, Defendant. 15 FINDINGS AND RECOMMENDATIONS / 16 By order filed February 7, 2008, plaintiff’s original complaint was dismissed and 17 thirty days leave to file an amended complaint was granted. The court has since granted plaintiff 18 several extensions of time to file an amended complaint. Most recently, on March 11, 2010, the 19 court granted plaintiff thirty days leave to file an amended complaint and cautioned plaintiff that 20 failure to do so would result in a recommendation that this action be dismissed. The thirty day 21 period has now expired, and plaintiff has not filed an amended complaint or otherwise responded 22 to the court’s order. 23 24 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 25 These findings and recommendations are submitted to the United States District 26 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty1 Dockets.Justia.com 1 one days after being served with these findings and recommendations, plaintiff may file written 2 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 3 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 4 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 5 F.2d 1153 (9th Cir. 1991). 6 DATED: April 21, 2010. 7 8 9 10 DAD:sj birk1473.fta 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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