(PC) Norton v. Duel Vocational Institution, No. 2:2009cv01597 - Document 8 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/13/2010 RECOMMENDING that this action be dismissed. Referred to Judge Morrison C. England, Jr.; Objections to F&R due w/in 14 days. (Yin, K)

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(PC) Norton v. Duel Vocational Institution Doc. 8 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIE NORTON, Plaintiff, 11 12 13 No. CIV S-09-1597 MCE EFB P vs. DEUEL VOCATIONAL INSTITUTE, 14 Defendant. 15 16 FINDINGS AND RECOMMENDATIONS / Plaintiff is a former state prisoner and proceeds without counsel in an action brought 17 pursuant to 42 U.S.C. § 1983. On February 4, 2010, the court dismissed plaintiff’s original 18 complaint with leave to amend. The court’s order explained the deficiencies in the complaint 19 and granted plaintiff thirty days to file an amended complaint. The order warned plaintiff that 20 failure to comply would result in a recommendation that this action be dismissed. 21 22 The 30-day period has expired and plaintiff has not filed an amended complaint or otherwise responded to the court’s order. 23 Accordingly, it is hereby RECOMMENDED that this action be dismissed. 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after being served with these findings and recommendations, any party may file written 1 Dockets.Justia.com 1 objections with the court and serve a copy on all parties. Such a document should be captioned 2 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 3 within the specified time may waive the right to appeal the District Court’s order. Turner v. 4 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 Dated: April 13, 2010. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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