(PC) Duran III v. Caldwell, No. 2:2010cv01430 - Document 12 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 10/20/2010 RECOMMENDING that this action be dismissed w/ prejudice. Referred to Judge Frank C. Damrell, Jr.; Objections due w/in 14 days. (Yin, K)
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(PC) Duran III v. Caldwell Doc. 12 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH S. DURAN III, 11 12 Plaintiff, No. CIV S-10-1430 FCD GGH P vs. 13 LESLIE M. CALDWELL, 14 Defendant. 15 FINDINGS & RECOMMENDATIONS / 16 By order filed August 13, 2010, the court granted plaintiff twenty-eight days to 17 file an amended complaint. In the August 13th order, the court informed plaintiff of the 18 deficiencies in his complaint. The twenty-eight day period has now expired, and plaintiff has not 19 filed an amended complaint or otherwise responded to the court’s order. 20 For the reasons given in the August 13, 2010, order, IT IS HEREBY 21 RECOMMENDED that this action be dismissed with prejudice. See Local Rule 110; Fed. R. 22 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 Title 28 U.S.C. § 636(b)(l). Within 25 fourteen (14) days after being served with these findings and recommendations, plaintiff may file 26 written objections with the court. The document should be captioned “Objections to Magistrate 1 Dockets.Justia.com 1 Judge’s Findings and Recommendations.” Any response to the objections shall be filed and 2 served within fourteen days after service of the objections. Plaintiff is advised that failure to file 3 objections within the specified time may waive the right to appeal the District Court’s order. 4 DATED: October 20, 2010 5 /s/ Gregory G. Hollows 6 GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE 7 GGH:035 8 dura1430.fta 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2