(PS) Ruggiero v. Mercy General Hospital of Sacramento, et al, No. 2:2009cv00696 - Document 5 (E.D. Cal. 2009)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 7/1/2009 RECOMMENDING that this action be dismissed without prejudice; Referred to Judge Lawrence K. Karlton; Objections due 60 days after being served with these F & R's. (Reader, L)
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(PS) Ruggiero v. Mercy General Hospital of Sacramento, et al Doc. 5 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NICHOLAS RUGGIERO, Plaintiff, 11 12 No. CIV S-09-696 LKK KJM PS vs. 13 MERCY GENERAL HOSPITAL, et al., 14 Defendants. 15 16 FINDINGS & RECOMMENDATIONS / By order filed April 15, 2009, plaintiff's complaint was dismissed and thirty days 17 leave to file an amended complaint was granted. The thirty day period has now expired, and 18 plaintiff has not filed an amended complaint or otherwise responded to the court's order. 19 Although it appears from the file that plaintiff's copy of the findings and 20 recommendations was returned, plaintiff was properly served. It is the plaintiff's responsibility 21 to keep the court apprised of his current address at all times. Pursuant to Local Rule 83-182(f), 22 service of documents at the record address of the party is fully effective. 23 24 25 26 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 11-110; Fed. R. Civ. P. 41(b). These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within sixty 1 Dockets.Justia.com 1 days after being served with these findings and recommendations, plaintiff may file written 2 objections with the court. The document should be captioned “Objections to Magistrate Judge's 3 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 4 specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 5 F.2d 1153 (9th Cir. 1991). 6 DATED: July 1, 2009. 7 8 9 10 rugg0696.fta 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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