-GGH (PC) Verducci v. Marsh, et al, No. 2:2010cv01486 - Document 13 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 12/15/10 recommending that the claims involving Jewish services and Jewish reading materials be dismissed from this action. Referred to Judge Frank C. Damrell. Objections due within 14 days. (Plummer, M)
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-GGH (PC) Verducci v. Marsh, et al Doc. 13 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH VERDUCCI, 11 12 13 Plaintiff, No. CIV S-10-1486 FCD GGH P vs. MARSH, et al., 14 Defendants. FINDINGS & RECOMMENDATIONS 15 / 16 17 Plaintiff is a prisoner who is proceeding pro se and in forma pauperis. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983. 18 By order filed October 5, 2010, the court determined that plaintiff had stated a 19 colorable claim against defendants Jackson, Marsh and Solano County Jail solely with respect to 20 plaintiff’s claims involving a kosher diet. The court also dismissed plaintiff’s claims against 21 these defendants regarding defendants failing to provide him with Jewish services or Jewish 22 reading materials, with twenty-eight days leave to amend. The twenty-eight day period has now 23 expired, and plaintiff has not filed a second amended complaint or otherwise responded to the 24 court’s order. 25 26 Accordingly, IT IS HEREBY RECOMMENDED that the claims involving Jewish services and Jewish reading materials be dismissed from this action. See Local Rule 110; Fed. 1 Dockets.Justia.com 1 R. Civ. P. 41(b). 2 These findings and recommendations are submitted to the United States District 3 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 4 days after being served with these findings and recommendations, any party may file written 5 objections with the court and serve a copy on all parties. Such a document should be captioned 6 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 7 shall be served and filed within fourteen days after service of the objections. The parties are 8 advised that failure to file objections within the specified time may waive the right to appeal the 9 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 DATED: December 15, 2010 11 /s/ Gregory G. Hollows 12 GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE 13 14 15 GGH: AB verd1486.dis 16 17 18 19 20 21 22 23 24 25 26 2