(PC)Walker v. Schwarzenegger et al, No. 2:2010cv00053 - Document 23 (E.D. Cal. 2011)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 01/07/11 recommending that this action be dismissed. Referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)
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(PC)Walker v. Schwarzenegger 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 MICHAEL JAMES WALKER, Plaintiff, 11 vs. 12 13 No. CIV S-10-0053 WBS EFB P ARNOLD SCHWARZENEGGER, et al., 14 Defendants. FINDINGS AND RECOMMENDATIONS 15 / 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 17 18 U.S.C. § 1983. On June 30, 2010, the court dismissed plaintiff’s original complaint with leave to 19 amend. On October 4, 2010, plaintiff filed an amended complaint. On November 9, 2010, the 20 court again dismissed plaintiff’s complaint with leave to amend. The dismissal order explained 21 the complaint’s deficiencies, gave plaintiff 30 days to file a second amended complaint 22 correcting those deficiencies, and warned plaintiff that failure to file a second amended 23 complaint would result in a recommendation that this action be dismissed. The 30-day period has expired and plaintiff has not filed a second amended complaint or 24 25 otherwise responded to the court’s order. 26 /// 1 Dockets.Justia.com 1 2 Accordingly, it is hereby RECOMMENDED that this action be dismissed. See 28 U.S.C. § 1915A. 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, any party may file written 6 objections with the court and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 8 within the specified time may waive the right to appeal the District Court’s order. Turner v. 9 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 Dated: January 7, 2011. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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