(PC)Franks v. Schwarzenegger et al, No. 2:2010cv01378 - Document 5 (E.D. Cal. 2010)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 7/15/2010 RECOMMENDING that this action be dismissed w/out prejudice. Referred to Judge Morrison C. England, Jr.; Objections to F&R due w/in 21 days.(Yin, K)
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(PC)Franks v. Schwarzenegger et al Doc. 5 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JASON FRANKS, Plaintiff, 11 12 13 No. CIV S-10-1378 MCE KJM P vs. ARNOLD SCHWARZENEGGER, et al., 14 Defendants. 15 16 FINDINGS & RECOMMENDATIONS / By order filed June 4, 2010, plaintiff’s complaint was dismissed and thirty days 17 leave to file an amended complaint and a request to proceed in forma pauperis was granted. The 18 thirty day period has now expired, and plaintiff has not filed an amended complaint, request to 19 proceed in forma pauperis or otherwise responded to the court’s order. 20 21 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 22 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 twenty- 24 one 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.” Plaintiff is advised that failure to file objections within the 1 Dockets.Justia.com 1 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 2 F.2d 1153 (9th Cir. 1991). 3 DATED: July 15, 2010. 4 fran1378.fta 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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