(PS) Bernardini v. Walker et al, No. 2:2009cv01134 - Document 7 (E.D. Cal. 2009)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 11/16/09 RECOMMENDING that dfts Cate, Schwarzenegger, and Walker be dismissed from this action without prejudice. Objections to these F&Rs due w/i 20 days; referred to Judge Frank C. Damrell. (Benson, A.)
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(PS) Bernardini v. Walker et al Doc. 7 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RUSSELL BERNARDINI, 11 12 13 Plaintiff, vs. JAMES WALKER, et al., 14 Defendants. 15 FINDINGS & RECOMMENDATIONS / 16 17 No. CIV S-09-1134 FCD GGH PS Plaintiff is a state prisoner who is proceeding pro se and in forma pauperis. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983. 18 By order filed May 29, 2009, the court determined that plaintiff had stated a 19 colorable claim against defendant Callahan. The court also dismissed plaintiff’s claims against 20 defendants Cate, Schwarzenegger, and Walker with thirty days leave to amend. The thirty day 21 period has now expired,1 and plaintiff has not filed an amended complaint or otherwise 22 responded to the court’s order. 23 24 Accordingly, IT IS HEREBY RECOMMENDED that defendants Cate, Schwarzenegger, and Walker be dismissed from this action without prejudice. See Local Rule 25 26 1 Plaintiff was granted an additional extension by order of August 24, 2009. 1 Dockets.Justia.com 1 2 11-110; Fed. R. Civ. P. 41(b). These findings and recommendations are submitted to the United States District 3 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within 4 twenty days after being served with these findings and recommendations, plaintiff may file 5 written objections with the court. The document should be captioned “Objections to Magistrate 6 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections 7 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 8 Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 DATED: November 16, 2009 10 /s/ Gregory G. Hollows 11 GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE 12 GGH:076/Bernardini1134.b3.wpd 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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