(PC) Blanco v. Sacramento County Sheriff's and Police Department, No. 2:2009cv00629 - Document 16 (E.D. Cal. 2010)

Court Description: [VACATED PURSUANT TO 03/25/10 ORDER]FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 02/12/10 recommending that this action be dismissed without prejudice. Referred to Judge Frank C. Damrell. Objections due within 21 days. (Plummer, M) Modified on 3/25/2010 (Plummer, M).

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(PC) Blanco v. Sacramento County Sheriff's and Police Department Doc. 16 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MANUEL A. BLANCO, 11 Plaintiff, 12 13 No. 2:09-cv-0629 FCD KJN P vs. SACRAMENTO SHERIFF, et al., 14 Defendants. 15 FINDINGS & RECOMMENDATIONS / 16 By order filed April 29, 2009, plaintiff’s complaint was dismissed and thirty days 17 leave to file an amended complaint was granted. On May 5, 2009, plaintiff sought a ninety-day 18 extension of time to file an amended complaint. On May 12, 2009, plaintiff was granted an 19 additional thirty days in which to file an amended complaint. On May 29, 2009, plaintiff sought 20 another sixty days in which to amend. By order filed June 11, 2009, plaintiff was granted an 21 additional thirty days in which to file an amended complaint. On June 11, 2009, plaintiff signed 22 a second request for a sixty day extension of time, which crossed in the mail with the court’s 23 June 11, 2009 order. 24 More than sixty days have now passed, and plaintiff has not filed an amended 25 complaint or otherwise responded to the court’s June 11, 2009 order. 26 ///// 1 Dockets.Justia.com 1 2 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 11-110; Fed. R. Civ. P. 41(b). 3 These findings and recommendations are submitted to the United States District 4 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 5 one days after being served with these findings and recommendations, plaintiff may file written 6 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 7 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 8 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 9 F.2d 1153 (9th Cir. 1991). 10 DATED: February 12, 2010 11 /s/ Kendall J. Newman KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 12 13 blan0629.fta 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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