(PC) Jones v. Plessas et al, No. 2:2009cv02133 - Document 18 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/24/2010 RECOMMENDING that this action be dismissed w/out prejudice. Referred to Judge Frank C. Damrell, Jr.; Objections due w/in 21 days. (Yin, K)
Download PDF
(PC) Jones v. Plessas et al Doc. 18 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MALIK JONES, 11 12 13 Plaintiff, No. 2:09-cv-2133 FCD KJN P vs. C. PLESSAS, et al., 14 Defendants. 15 FINDINGS & RECOMMENDATIONS / 16 By order filed July 15, 2010, plaintiff’s amended complaint was dismissed and 17 thirty days leave to file a second amended complaint was granted. The thirty day period has now 18 expired, and plaintiff has not filed a second amended complaint or otherwise responded to the 19 court’s order. 20 21 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 22 These findings and recommendations are submitted to the United States District 23 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 24 one days after being served with these findings and recommendations, plaintiff may file written 25 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 26 Findings and Recommendations.” Any response to the objections shall be filed and served 1 Dockets.Justia.com 1 within fourteen days after service of the objections. Plaintiff is advised that failure to file 2 objections within the specified time may waive the right to appeal the District Court’s order. 3 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 DATED: August 24, 2010 5 6 7 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 8 9 jone2133.fta 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2