(PC) Trotter v. Schwarzenegger et al, No. 2:2008cv00693 - Document 28 (E.D. Cal. 2010)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 5/20/2010 RECOMMENDING that this action be dismissed w/out prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due w/in 21 days. (Yin, K)
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(PC) Trotter v. Schwarzenegger et al Doc. 28 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES TROTTER, Plaintiff, 11 12 No. CIV S-08-0693 GEB KJM P vs. 13 ARNOLD SCHWARZENEGGER, et al., 14 Defendants. 15 16 FINDINGS & RECOMMENDATIONS / By order filed February 10, 2010, plaintiff’s amended complaint was dismissed 17 and thirty days leave to file a second amended complaint was granted. On March 8, 2010, 18 plaintiff was granted an additional thirty days in which to file a second amended complaint. 19 Plaintiff has not filed a second amended complaint. 20 21 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 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 one 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: May 20, 2010. 4 5 6 1 trot0693.fta 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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