(HC) Hernandez v. Hartley, No. 2:2009cv02264 - Document 14 (E.D. Cal. 2010)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 2/8/10 RECOMMENDING that this action be dismissed. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 20 days.(Dillon, M)
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(HC) Hernandez v. Hartley Doc. 14 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EDWARD HERNANDEZ, 11 12 13 14 15 16 Petitioner, No. CIV S-09-2264 MCE GGH P Respondent. FINDINGS & RECOMMENDATIONS vs. J. HARTLEY, / By order filed September 15, 2009, petitioner’s application was dismissed and 17 thirty days’ leave to file an amended application was granted. Plaintiff filed a motion for 18 reconsideration of the magistrate judge’s order, which was denied by Judge Morrison England, 19 Jr., on October 22, 2009. To date, petitioner has not filed an amended application. 20 21 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed. 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 days after being served with these findings and recommendations, petitioner may file written 25 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 26 Findings and Recommendations.” Petitioner is advised that failure to file objections within the 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: February 8, 2010 4 /s/ Gregory G. Hollows 5 UNITED STATES MAGISTRATE JUDGE 6 GGH:035 hern2264.fta 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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