(PS) Kerry v. The State of California et al, No. 2:2009cv01879 - Document 11 (E.D. Cal. 2009)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/26/2009 recommending that this action be dismissed without prejudice, and the Clerk be directed to close this case re 1 Complaint filed by Karmen C. Kerry. Objections to F&R due w/in 10 days. (Matson, R)
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(PS) Kerry v. The State of California et al Doc. 11 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KARMEN KERRY, Plaintiff, 11 vs. 12 13 No. CIV S-09-1879 FCD EFB PS THE STATE OF CALIFORNIA, et al., 14 Defendants. FINDINGS AND RECOMMENDATIONS 15 / 16 17 This action, in which plaintiff is proceeding in propria persona, was referred to the 18 undersigned under Eastern District of California Local Rule (“Local Rule”) 72-302(c)(21), 19 pursuant to 28 U.S.C. § 636(b)(1). On August 21, 2009, the court dismissed plaintiff’s 20 complaint with leave to amend. Dckt. No. 10. The order explained the complaint’s deficiencies, 21 gave plaintiff thirty days to file an amended complaint correcting those deficiencies, and warned 22 plaintiff that failure to file an amended complaint would result in a recommendation that this 23 action be dismissed. The thirty-day period has expired and plaintiff has not filed an amended complaint or 24 25 otherwise responded to the order. 26 //// 1 Dockets.Justia.com 1 Accordingly, it is hereby RECOMMENDED that this action be dismissed without 2 prejudice, and that the Clerk be directed to close this case. See Fed. R. Civ. P. 41(b); Local Rule 3 11-110. 4 These findings and recommendations are submitted to the United States District Judge 5 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within ten days 6 after being served with these findings and recommendations, plaintiff may file written 7 objections with the court. Such a document should be captioned “Objections to Magistrate 8 Judge’s Findings and Recommendations.” Failure to file objections within the specified time 9 may waive the right to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 10 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 DATED: October 26, 2009. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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