(PC) Nguyen v. Bick et al, No. 2:2008cv02983 - Document 42 (E.D. Cal. 2011)

Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 1/3/2011 ORDERING that dfts are RELIEVED from filing a pretrial statement; the 12/22/10 Pretrial Conference is VACATED; and RECOMMENDING that this action be dismissed w/out prejudice. Referred to Judge John A. Mendez; Objections due w/in 14 days. (Yin, K)
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(PC) Nguyen v. Bick et al Doc. 42 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TRI NGUYEN, Plaintiff, 11 12 13 14 vs. JOSEPH BICK, et al., ORDER AND Defendants. FINDINGS & RECOMMENDATIONS / 15 16 No. 2:08-cv-2983 JAM JFM (PC) By order filed November 22, 2010, this court directed plaintiff to file a pretrial 17 statement on or before December 1, 2010. Plaintiff has not responded to the court’s order. The 18 court will therefore recommend that this action be dismissed without prejudice. See Fed. R. Civ. 19 P. 16(f); Local Rule 110. 20 In accordance with the above, IT IS HEREBY ORDERED that: 21 1. Defendants are relieved from filing a pretrial statement. 22 2. The pretrial conference set for December 22, 2010 is vacated; and 23 IT IS HEREBY RECOMMENDED that this action be dismissed without 24 25 26 prejudice. See Fed. R. Civ. P. 16(f); Local Rule 110. These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 1 Dockets.Justia.com 1 days after being served with these findings and recommendations, any party may file written 2 objections with the court and serve a copy on all parties. Such a document should be captioned 3 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 4 objections shall be filed and served within fourteen days after service of the objections. The 5 parties are advised that failure to file objections within the specified time may waive the right to 6 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 7 DATED: January 3, 2011. 8 9 10 11 /014;nguy2983.fpt 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2