(PC)Weaver v. Rio Cosumnes Correctional Institution, No. 2:2009cv02152 - Document 22 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 04/26/10 RECOMMENDING that this action be dismissed without prejudice. Objections due within 21 days. (Manzer, C)

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(PC)Weaver v. Rio Cosumnes Correctional Institution Doc. 22 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIE WEAVER, Plaintiff, 11 vs. 12 13 No. CIV S-09-2152 MCE KJM P RIO COSUMNES CORRECTIONAL INSTITUTION, 14 Defendant. FINDINGS & RECOMMENDATIONS / 15 By order filed February 23, 2010, plaintiff was granted an additional thirty days 16 17 leave to file an amended complaint. The thirty day period has now expired, and plaintiff has not 18 filed an amended complaint or otherwise responded to the court’s order. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed 19 20 without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 21 These findings and recommendations are submitted to the United States District 22 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 23 one days after being served with these findings and recommendations, plaintiff may file written 24 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 25 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 26 ///// 1 Dockets.Justia.com 1 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 2 F.2d 1153 (9th Cir. 1991). 3 DATED: April 26, 2010. 4 5 weav2152.fta 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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