(PC) Hunter v. High Desert S.P. et al, No. 2:2009cv03504 - Document 24 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 10/05/10 recommending that this action be dismissed without prejudice. Referred to Judge Morrison C. England Jr. Objections due within 21 days. (Plummer, M)
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(PC) Hunter v. High Desert S.P. et al Doc. 24 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LEROY DEWITT HUNTER, 11 12 Plaintiff, No. CIV S-09-3504 MCE DAD P vs. 13 HIGH DESERT STATE PRISON, et al., 14 Defendants. 15 16 FINDINGS & RECOMMENDATIONS / By order filed June 29, 2010, plaintiff’s amended complaint was dismissed and 17 thirty days leave to file a second amended complaint was granted. On August 24, 2010, plaintiff 18 was granted a thirty day extension of time to file his second amended complaint. The thirty day 19 period has now expired, and plaintiff has not filed his second amended complaint or otherwise 20 responded to the court’s order. 21 22 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 23 These findings and recommendations are submitted to the United States District 24 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 25 one days after being served with these findings and recommendations, plaintiff may file written 26 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 1 Dockets.Justia.com 1 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 2 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 3 F.2d 1153 (9th Cir. 1991). 4 DATED: October 5, 2010. 5 6 7 8 DAD:4 hun3504.fta 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2