(PS) Martinez v. Donaldson et al, No. 2:2009cv03046 - Document 7 (E.D. Cal. 2010)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 7/26/10, RECOMMENDING that this action be dismissed with prejudice. Matter referred to Judge Damrell. Within 14 days after being served with these f&r's, pltf may file written objections with the court. (Kastilahn, A)
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(PS) Martinez v. Donaldson et al Doc. 7 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT MARTINEZ, 11 Plaintiff, 12 13 14 15 16 No. CIV S-09-3046 FCD GGH PS vs. L. DONALDSON, et al., Defendants. FINDINGS & RECOMMENDATIONS / By order filed March 12, 2010, plaintiff’s complaint was dismissed and thirty days 17 leave to file an amended complaint was granted. In that order, the court informed plaintiff of the 18 deficiencies in his complaint. On May 11, 2010, plaintiff was granted a twenty-eight day 19 extension of time to file his amended complaint. The twenty-eight day period has now expired, 20 and plaintiff has not filed an amended complaint or otherwise responded to the court’s order. 21 Plaintiff has apparently decided to rest on the dismissed complaint. For the 22 reasons given in the March 12, 2010, order, IT IS HEREBY RECOMMENDED that this action 23 be dismissed with prejudice. See Local Rule 11-110; Fed. R. Civ. P. 41(b). 24 These findings and recommendations are submitted to the United States District 25 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 26 days after being served with these findings and recommendations, plaintiff may file written 1 Dockets.Justia.com 1 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 2 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 3 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 4 F.2d 1153 (9th Cir. 1991). 5 DATED: July 26, 2010 /s/ Gregory G. Hollows 6 UNITED STATES MAGISTRATE JUDGE 7 GGH:de martinez3046.fta 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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