(PC) Beard v. Britt, No. 2:2009cv02984 - Document 8 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 1/21/2010 RECOMMEDING that this action be dismissed w/ prejudice; the clerk is directed to assign a district judge to this case. Assigned and Referred to Judge John A. Mendez; Objections to F&R due w/in 21 days.(Yin, K)

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(PC) Beard v. Britt Doc. 8 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT BEARD, 11 12 13 14 15 16 Plaintiff, No. CIV S-09-2984 GGH P Defendant. FINDINGS & RECOMMENDATIONS vs. MR. BRITT, / By order filed November 16, 2009, the court granted plaintiff twenty-eight days to 17 file an amended complaint. In the November 16th order, the court informed plaintiff of the 18 deficiencies in his complaint. The twenty-eight day period has now expired, and plaintiff has not 19 filed an amended complaint or otherwise responded to the court’s order. 20 For the reasons given in the November 16, 2009, order, IT IS HEREBY 21 RECOMMENDED that this action be dismissed with prejudice. See Local Rule 110; Fed. R. 22 Civ. P. 41(b). The Clerk is directed to assign a district judge to this case. 23 These findings and recommendations are submitted to the United States District 24 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within 25 twenty-one days after being served with these findings and recommendations, plaintiff may file 26 written objections with the court. The document should be captioned “Objections to Magistrate 1 Dockets.Justia.com 1 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections 2 within the specified time may waive the right to appeal the District Court’s order. 3 DATED: January 21, 2010 4 /s/ Gregory G. Hollows 5 GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE 6 bear2984.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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