(PS) Durham v. Reagan et al, No. 2:2009cv00331 - Document 25 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/21/2011 RECOMMENDING that this action be dimissed. Referred to Judge Morrison C. England, Jr.. Objections to F&R due within 14 days. (Zignago, K.)
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(PS) Durham v. Reagan et al Doc. 25 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY DURHAM, Plaintiff, 11 12 13 14 No. CIV S-09-0331 MCE EFB PS vs. STATE OF CALIFORNIA (SOLANO STATE PRISON); WARDEN JOHN W. HAVELAND; P. REAGAN; and J. DELGADILLO, 15 Defendants. FINDINGS AND RECOMMENDATIONS 16 / 17 18 This action in which plaintiff is proceeding in propria persona, is before the undersigned 19 pursuant to Eastern District of California Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1). On 20 September 27, 2010, the assigned district judge adopted this court’s findings and 21 recommendations, dismissed some defendants without leave to amend and dismissed plaintiff’s 22 complaint with leave to amend. That order granted plaintiff thirty days in which to file a second 23 amended complaint and admonished plaintiff that failure to do so would result in a 24 recommendation that this action be dismissed. By orders filed October 28, 2010 and February 2, 25 2011, plaintiff was granted extensions of time within which to file the second amended 26 complaint. 1 Dockets.Justia.com 1 2 Despite extensions of time totaling 150 days, the time to act has now expired and plaintiff has not filed an amended complaint or otherwise responded to the court’s order. 3 Accordingly, it is hereby RECOMMENDED that this action be dismissed. 4 These findings and recommendations are submitted to the United States District Judge 5 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 6 after being served with these findings and recommendations, any party may file written 7 objections with the court and serve a copy on all parties. Such a document should be captioned 8 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 9 within the specified time may waive the right to appeal the District Court’s order. Turner v. 10 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 Dated: April 21, 2011. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2