(PC) Scott v. Tilton, No. 2:2009cv00544 - Document 22 (E.D. Cal. 2010)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/6/10 RECOMMENDING that 21 MOTION to DISMISS be granted and this action be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 21 days.(Dillon, M)
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(PC) Scott v. Tilton Doc. 22 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BYRON L SCOTT, 11 12 13 14 Plaintiff, vs. JAMES TILTON, et al., Defendants. 15 16 No. 2:09-cv-0544 GEB KJN P FINDINGS & RECOMMENDATIONS / Plaintiff is a state prisoner proceeding without counsel. Plaintiff seeks relief 17 pursuant to 42 U.S.C. § 1983. On March 17, 2010, plaintiff filed a motion to voluntarily dismiss 18 this action without prejudice. 19 20 Accordingly, IT IS HEREBY RECOMMENDED that the motion to dismiss (Dkt. No. 21) be granted, and this action be dismissed without prejudice. See Fed. R. Civ. P. 41(a). 21 These findings and recommendations are submitted to the United States District 22 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 23 one days after being served with these findings and recommendations, any party may file written 24 objections with the court and serve a copy on all parties. Such a document should be captioned 25 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 26 objections shall be filed and served within fourteen days after service of the objections. The 1 Dockets.Justia.com 1 parties are advised that failure to file objections within the specified time may waive the right to 2 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 DATED: April 6, 2010 4 5 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 6 7 8 scot544.dis 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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