(PC) Leonard v. Bonner et al, No. 2:2009cv03423 - Document 17 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 11/16/2010 RECOMMENDING that this action be dismissed w/out prejudice. Referred to Judge Morrison C. England, Jr.; Objections due w/in 14 days. (Yin, K)
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(PC) Leonard v. Bonner et al Doc. 17 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HARVEY MACK LEONARD, Plaintiff, 11 12 13 14 No. 2:09-cv-3423-MCE-JFM (PC) vs. EDWARD N. BONNER et al., Defendants. FINDINGS & RECOMMENDATIONS / 15 By order filed September 15, 2010, plaintiff’s complaint was dismissed and thirty 16 days leave to file an amended complaint was granted. The thirty day period has now expired, 17 and plaintiff has not filed an amended complaint or otherwise responded to the court’s order. 18 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed 19 without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 20 These findings and recommendations are submitted to the United States District 21 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 22 days after being served with these findings and recommendations, plaintiff may file written 23 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 24 Findings and Recommendations.” Any response to the objections shall be filed and served 25 within fourteen days after service of the objections. Plaintiff is advised that failure to file 26 1 Dockets.Justia.com 1 objections within the specified time may waive the right to appeal the District Court’s order. 2 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 DATED: November 16, 2010. 4 5 6 7 /014;leon3423.fta 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2