(PC) Lewis v. Brown, No. 2:2009cv00195 - Document 15 (E.D. Cal. 2009)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 8/26/09 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Frank C. Damrell, Jr.; Objections to F&R due within 20 days.(Dillon, M)

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(PC) Lewis v. Brown Doc. 15 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARONTA T. LEWIS, 11 Plaintiff, 12 13 No. CIV S-09-0195 FCD DAD P vs. M. BROWN, et al., 14 Defendants. 15 FINDINGS & RECOMMENDATIONS / 16 By order filed July 15, 2009, plaintiff’s amended complaint was dismissed and 17 thirty days leave to file a second amended complaint was granted. The thirty day period has now 18 expired, and plaintiff has not filed a second amended complaint or otherwise responded to the 19 court’s order. 20 21 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 11-110; 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 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: August 26, 2009. 4 5 6 7 DAD:lg lewi0195.fta 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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