(HC) Powell v. Harrington et al, No. 2:2010cv00589 - Document 16 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 11/23/2010 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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(HC) Powell v. Harrington et al Doc. 16 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARCUS A. POWELL, 11 Petitioner, 12 13 14 vs. KELLY HARRINGTON, et al., Respondents. 15 16 No. CIV S-10-0589 MCE GGH P FINDINGS & RECOMMENDATIONS / By order October 12, 2010, petitioner was ordered to show cause, within twenty- 17 one days, why respondent’s August 16, 2010, motion to dismiss should not be granted. The 18 twenty-one day period has now expired, and petitioner has not shown cause or otherwise 19 responded to the court’s order. 20 21 22 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). These findings and recommendations are submitted to the United States District 23 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 24 days after being served with these findings and recommendations, any party may file written 25 objections with the court and serve a copy on all parties. Such a document should be captioned 26 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 1 Dockets.Justia.com 1 shall be served and filed within fourteen days after service of the objections. The parties are 2 advised that failure to file objections within the specified time may waive the right to appeal the 3 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 DATED: November 23, 2010 5 /s/ Gregory G. Hollows 6 UNITED STATES MAGISTRATE JUDGE 7 GGH:035 powe0589.fsc 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2