-DAD (TEMP)(PC)Chavez v. McDonald et al, No. 2:2010cv01227 - Document 17 (E.D. Cal. 2011)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 1/25/11 recommending that this action be dismissed without prejudice re 1 Prisoner Civil Rights Complaint filed by Eric Chavez. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 21 days.(Dillon, M)

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-DAD (TEMP)(PC)Chavez v. McDonald 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 ERIC CHAVEZ, 11 12 Plaintiff, No. CIV S-10-1227 DAD (TEMP) P vs. 13 M.D. MCDONALD, et al., 14 Defendants. 15 16 ORDER AND FINDINGS AND RECOMMENDATIONS / By order filed December 20, 2010, plaintiff’s complaint was dismissed and thirty 17 days leave to file an amended complaint was granted. The thirty day period has now expired, and 18 plaintiff has not filed an amended complaint or otherwise responded to the court’s order. 19 20 21 22 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district court judge to this case; and 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: January 25, 2011. 5 6 7 8 9 DAD:kc chav1227.fta 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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