(PC) Duff v. Solano County Sheriff's Department, No. 2:2009cv01053 - Document 42 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 12/7/2010 RECOMMENDING that this action be dismissed w/ prejudice. Referred to Judge Lawrence K. Karlton; Objections due w/in 14 days. (Yin, K)
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(PC) Duff v. Solano County Sheriff's Department Doc. 42 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAIMEY L. DUFF, 11 12 Plaintiff, No. CIV S-09-1053 LKK GGH P vs. 13 14 15 16 17 SOLANO COUNTY SHERIFF’S DEPARTMENT, et al., Defendants. FINDINGS & RECOMMENDATIONS / By order filed October 6, 2010, plaintiff was ordered, inter alia, to show cause, 18 within twenty-eight days, why this case should not be dismissed for failure to prosecute. Plaintiff 19 was cautioned that failure to do so would result in a recommendation that the action be dismissed 20 with prejudice. The twenty-eight day period has now expired, and plaintiff has not shown cause 21 or otherwise responded to the court’s order. 22 23 24 IT IS HEREBY RECOMMENDED that this action be dismissed with prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). These findings and recommendations are submitted to the United States District 25 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 26 days after being served with these findings and recommendations, plaintiff may file written Dockets.Justia.com 1 objections with the court. The document should be captioned “Objections to Magistrate Judge's 2 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 3 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 4 F.2d 1153 (9th Cir. 1991). 5 DATED: December 7, 2010 6 /s/ Gregory G. Hollows 7 UNITED STATES MAGISTRATE JUDGE 8 GGH:009/035 duff1053.fsc 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2