(PC) Blanco v. Sacramento County Sheriff's and Police Department, No. 2:2009cv00629 - Document 25 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 9/14/10 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Frank C. Damrell, Jr. Objections to F&R due within 21 days. (Owen, K)
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(PC) Blanco v. Sacramento County Sheriff's and Police Department Doc. 25 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MANUEL BLANCO, 11 12 13 14 Plaintiff, No. 2:09-cv-0629 FCD KJN P vs. SACRAMENTO SHERIFF, et al., Defendants. 15 FINDINGS & RECOMMENDATIONS / 16 By order filed July 14, 2010, plaintiff’s amended complaint was dismissed and 17 thirty days leave to file an amended complaint was granted. On August 5, 2010, plaintiff was 18 granted an additional thirty days in which to file a second amended complaint. Thirty days from 19 that date have now expired, and plaintiff has not filed a second amended complaint or otherwise 20 responded to the court’s order. 21 22 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 23 These findings and recommendations are submitted to the United States District 24 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 25 one days after being served with these findings and recommendations, plaintiff may file written 26 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 1 Dockets.Justia.com 1 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 2 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 3 F.2d 1153 (9th Cir. 1991). 4 DATED: September 14, 2010 5 6 7 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 8 9 blan0629.fta2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2