(PC) Martin v. Masuret, No. 2:2009cv00166 - Document 16 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/27/2010 recommending that this action be dismissed without prejudice. Objections due within 21 days after being served with these findings and recommendations. (Duong, D)

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(PC) Martin v. Masuret Doc. 16 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEVEN A. MARTIN, 11 Plaintiff, 12 13 No. 2:09-cv-0166 JAM KJN P vs. A. MASURET, et al., 14 Defendants. 15 FINDINGS & RECOMMENDATIONS / 16 By order February 22, 2010, plaintiff’s amended complaint was dismissed and he 17 was granted thirty days to file a second amended complaint. The thirty day period has now 18 expired, and plaintiff has not filed an amended complaint or otherwise responded to the court’s 19 order. 20 21 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, any party may file written 25 objections with the court and serve a copy on all parties. Such a document should be captioned 26 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 1 Dockets.Justia.com 1 objections shall be filed and served within fourteen days after service of the objections. The 2 parties are advised that failure to file objections within the specified time may waive the right to 3 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 DATED: April 27, 2010 5 6 7 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 8 9 10 mart0166.dsm 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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