(PC) Hughely v. Haviland et al, No. 2:2010cv01373 - Document 7 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 10/21/2010 RECOMMENDING that this action be dismissed w/ prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections due w/in 14 days. (Yin, K)
Download PDF
(PC) Hughely v. Haviland et al Doc. 7 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL HUGHLEY, 11 Plaintiff, 12 13 No. CIV S-10-1373 GEB GGH P vs. JOHN W. HAVILAND, Warden, et al., 14 Defendants. 15 FINDINGS & RECOMMENDATIONS / 16 By order filed August 13, 2010, the court re-designated this action as one brought 17 pursuant to 42 U.S.C. § 1983, and granted plaintiff twenty-eight days to file a fully completed in 18 forma pauperis application and an amended complaint. The twenty-eight day period has now 19 expired, and plaintiff has not filed an amended complaint or otherwise responded to the court’s 20 order. 21 For the reasons given in the August 13, 2010, order, IT IS HEREBY 22 RECOMMENDED that this action be dismissed with prejudice. See Local Rule 110; Fed. R. 23 Civ. P. 41(b). The Clerk of Court is directed to assign a district judge to this case. 24 These findings and recommendations are submitted to the United States District 25 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within 26 fourteen (14) days after being served with these findings and recommendations, plaintiff may file 1 Dockets.Justia.com 1 written objections with the court. The document should be captioned “Objections to Magistrate 2 Judge’s Findings and Recommendations.” Any response to the objections shall be filed and 3 served within fourteen days after service of the objections. Plaintiff is advised that failure to file 4 objections within the specified time may waive the right to appeal the District Court’s order. 5 DATED: October 21, 2010 6 /s/ Gregory G. Hollows 7 GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE 8 GGH:035 9 hugh1373.fff 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2