(HC) Hare v. Sisto, No. 2:2008cv01566 - Document 28 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/22/2010 RECOMMENDING that this action be dismissed. Referred to Judge Frank C. Damrell, Jr.; Objections to F&R due w/in 14 days. (Yin, K)

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(HC) Hare v. Sisto Doc. 28 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANNY CHARLES HARE, 11 Petitioner, 12 vs. 13 No. CIV S-08-1566 FCD KJN P D.K. SISTO, et al., 14 15 16 Respondents. FINDINGS & RECOMMENDATIONS / By order filed May 18, 2010, petitioner was ordered to show cause within 17 fourteen days why this action should not be dismissed as moot. Fourteen days passed and 18 petitioner did not respond to the show cause order. Accordingly, for the reasons stated in the 19 May 18, 2010, order, this action should be dismissed as moot. 20 21 22 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed. See Local Rule 110; Fed. R. Civ. P. 41(b). 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 fourteen 24 days after being served with these findings and recommendations, petitioner may file written 25 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 26 Findings and Recommendations.” Any response to the objections shall be filed and served 1 Dockets.Justia.com 1 within fourteen days after service of the objections. Petitioner is advised that failure to file 2 objections within the specified time may waive the right to appeal the District Court’s order. 3 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 DATED: June 22, 2010 5 6 7 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 8 9 10 har1566.dis 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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