(PC) Tellez v. Green et al, No. 2:2010cv00661 - Document 17 (E.D. Cal. 2010)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/28/10 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
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(PC) Tellez v. Green 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 RUDY TELLEZ, 11 12 13 14 15 Plaintiff, No. 2:10-cv-0661 JAM KJN P vs. GREEN, et al., Defendants. FINDINGS & RECOMMENDATIONS / 16 By order filed April 23, 2010, plaintiff’s complaint was dismissed and thirty days 17 leave to file an amended complaint was granted. On May 18, 2010, plaintiff was granted a thirty 18 day extension of time to file an amended complaint. The thirty day period has now expired, and 19 plaintiff has not filed an amended complaint or otherwise responded to the court’s order. 20 21 22 Accordingly, 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, plaintiff may file written 25 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 26 Findings and Recommendations.” Any response to the objections shall be filed and served 1 Dockets.Justia.com 1 within fourteen days after service of the objections. Plaintiff is advised that failure to file 2 objections within the specified time may waive the right to appeal the District Court’s order. 3 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 DATED: June 28, 2010 5 6 7 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 8 9 10 tel661.fta 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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