(PC)Arellano v. California State Prison Sacramento et al, No. 2:2007cv02217 - Document 15 (E.D. Cal. 2009)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 01/26/09 recommending that this action be dismissed without prejudice. Referred to Judge William B. Shubb. Objections due within 20 days. (Plummer, M)
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(PC)Arellano v. California State Prison Sacramento et al Doc. 15 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RONNIE MANUEL ARELLANO, 11 12 13 Plaintiff, No. CIV S-07-2217 WBS DAD P vs. CALIFORNIA STATE PRISON SACRAMENTO, et al., 14 Defendants. 15 16 FINDINGS & RECOMMENDATIONS / By order filed December 10, 2008, plaintiff’s second amended complaint was 17 dismissed and thirty days leave to file a third amended complaint was granted. The thirty day 18 period has now expired, and plaintiff has not filed a third amended complaint or otherwise 19 responded to the court’s order. 20 21 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 11-110; Fed. R. Civ. P. 41(b). 22 These findings and recommendations are submitted to the United States District 23 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty 24 days after being served with these findings and recommendations, plaintiff may file written 25 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 26 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 1 Dockets.Justia.com 1 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 2 F.2d 1153 (9th Cir. 1991). 3 DATED: January 26, 2009. 4 5 6 7 DAD:lg arel2217.fta(2) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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