(PC) Ellington v. Director Of Corrections et al, No. 2:2009cv02985 - Document 23 (E.D. Cal. 2010)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 04/12/10 recommending that this action be dismissed without prejudice. Referred to Judge Morrison C. England Jr. Objections due within 21 days. (Plummer, M)
Download PDF
<![CDATA[
(PC) Ellington v. Director Of Corrections et al Doc. 23 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARCUS RUBEN ELLINGTON, 11 12 Plaintiff, No. 2:09-cv-2985 MCE KJN P vs. 13 14 DIRECTOR OF CORRECTIONS, et al., 15 Defendants. 16 FINDINGS & RECOMMENDATIONS / 17 Plaintiff is a state prisoner proceeding without counsel in this civil rights action 18 filed October 26, 2009. On December 23, 2009, this court dismissed plaintiff’s complaint with 19 leave to file an amended complaint within thirty days, based on the failure of the complaint to 20 demonstrate that plaintiff had exhausted his administrative remedies relative to an alleged 2007 21 assault. (Dkt. No. 16.) Plaintiff was informed that “failure to file an amended complaint in 22 accordance with this order may result in the dismissal of this action.” (Id. at 5-6.) On February 23 12, 2010, following reassignment of this action to the undersigned magistrate judge,1 the court 24 granted plaintiff an additional twenty-eight days within which to file an amended complaint in 25 1 26 This action is referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B), Local General Order No. 262, and E.D. Cal. L.R. (“Local Rule”) 302. 1 Dockets.Justia.com 1 compliance with the court’s December 23, 2009 order. (Dkt. No. 21.) 2 The deadline has passed and plaintiff has neither filed an amended complaint nor 3 otherwise communicated with the court. The court will therefore recommend dismissal of this 4 action. See Local Rule 110 (“Failure of counsel or of a party to comply with these Rules or with 5 any order of the Court may be grounds for imposition by the Court of any and all sanctions”). 6 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed 7 without prejudice. 8 These findings and recommendations are submitted to the United States District 9 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 21 days 10 after being served with these findings and recommendations, plaintiff may file written objections 11 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 12 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 13 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 14 (9th Cir. 1991). 15 DATED: April 12, 2010 16 17 18 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 19 20 elli2985.f&r 21 22 23 24 25 26 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
