(PC) Mack v. Unknown, No. 2:2008cv03161 - Document 22 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 12/6/2010 recommending that this action be dismissed without prejudice re 10 Amended Complaint filed by Anthony E. Mack. Objections to F&R due w/in 14 days. (Matson, R)
Download PDF
(PC) Mack v. Unknown Doc. 22 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY E. MACK, 11 Plaintiff, vs. 12 13 No. CIV S-08-3161 FCD EFB P TILTON, et al., Defendants. 14 FINDINGS AND RECOMMENDATIONS / 15 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 16 17 U.S.C. § 1983. On July 20, 2010, the court found that the complaint stated cognizable excessive 18 force claims as to defendants Merriweather, Hampton, Cross and Johnston. The court further 19 found that, with the exception of the excessive force claim, plaintiff had failed to state a 20 cognizable claim for relief against any additional defendants. The court gave plaintiff 30 days to 21 submit materials for service of process on defendants, or, alternatively, 30 days to file an 22 amended complaint to attempt to state cognizable claims under the theories listed above. On August 30, 2010, and October 18, 2010, the court granted plaintiff extensions of time 23 24 to comply with the July 20, 2010 order. 25 //// 26 //// 1 Dockets.Justia.com 1 The time for acting has passed and plaintiff has not submitted the materials necessary for 2 service on defendants Merriweather, Hampton, Cross and Johnston, has not file an amended 3 complaint, or otherwise responded to the court’s order. 4 5 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. P. 41(b); Local Rule 110. 6 These findings and recommendations are submitted to the United States District Judge 7 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 8 after being served with these findings and recommendations, any party may file written 9 objections with the court and serve a copy on all parties. Such a document should be captioned 10 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 11 within the specified time may waive the right to appeal the District Court’s order. Turner v. 12 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 13 DATED: December 6, 2010. 14 15 16 17 18 19 20 21 22 23 24 25 26 2