(HC) Turner v. Yolo County Sheriff's Department, No. 2:2010cv00554 - Document 16 (E.D. Cal. 2010)

Court Description: ORDER signed by Magistrate Judge John F. Moulds on 8/30/2010 ORDERING that the 14 findings and recommendations are held in ABEYANCE for a period of 30 days; pltf may submit a proposed amended cmplt w/in that 30 day period. (Yin, K)
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(HC) Turner v. Yolo County Sheriff's Department Doc. 16 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY RECARDO G. TURNER, 11 Plaintiff, vs. 12 13 No. 2:10-cv-0554-MCE-JFM (PC) YOLO COUNTY SHERIFF DEPT., et al., 14 Defendants. ORDER / 15 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 16 17 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On July 21, 2010, the undersigned filed findings and recommendations herein 20 recommending dismissal of the action due to plaintiff’s failure to file an amended complaint. 21 The findings and recommendations were served on plaintiff and contained notice to plaintiff that 22 any objections to the findings and recommendations were to be filed within fourteen days. On 23 August 5, 2010, plaintiff filed a document which, though styled as an appeal, is properly 24 construed as objections to the findings and recommendations. Plaintiff’s objections are not, 25 however, accompanied by a proposed amended complaint. 26 ///// 1 Dockets.Justia.com 1 Good cause appearing, IT IS HEREBY ORDERED that the July 21, 2010 2 findings and recommendations are held in abeyance for a period of thirty days during which time 3 plaintiff may submit a proposed amended complaint in accordance with this court’s May 20, 4 2010 order.. Plaintiff is cautioned that failure to submit a proposed amended complaint during 5 that thirty day period will result in submission of the July 21, 2010 findings and 6 recommendations to the district court. 7 DATED: August 30, 2010. 8 9 10 11 12 12 turn0554.ext 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2