(PS) Ogg v. Weiss et al, No. 2:2010cv01379 - Document 5 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 11/3/2010 RECOMMENDING that this action be dismissed with prejudice. Referred to Judge John A. Mendez. Objections to F&R due within 14 days. (Zignago, K.)
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(PS) Ogg v. Weiss 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 ROSE OGG, 11 Plaintiff, 12 No. CIV S-10-1379 JAM GGH PS vs. 13 DANIEL S. WEISS, et al., 14 Defendants. 15 FINDINGS & RECOMMENDATIONS / 16 By order filed September 13, 2010, plaintiff’s complaint was dismissed and 17 twenty-eight days leave to file an amended complaint was granted. In that order, the court 18 informed plaintiff of the deficiencies in his 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 Plaintiff has apparently decided to rest on the dismissed complaint. For the 22 reasons given in the September 13, 2010, order, IT IS HEREBY RECOMMENDED that this 23 action be dismissed with prejudice. See Local Rule 11-110; Fed. R. Civ. P. 41(b). 24 These findings and recommendations are submitted to the United States District 25 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 26 days after being served with these findings and recommendations, plaintiff may file written 1 Dockets.Justia.com 1 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 2 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 3 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 4 F.2d 1153 (9th Cir. 1991). 5 DATED: November 3, 2010 /s/ Gregory G. Hollows 6 UNITED STATES MAGISTRATE JUDGE 7 ogg1379.jo 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2