(PC) Jackson v. California Department of Corrections & Rehabilitation, No. 2:2010cv01627 - Document 11 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 10/5/10 RECOMMENDING that this action be dismissed w/out prejudice. Referred to Judge Frank C. Damrell, Jr.; Objections due w/in 21 days. (Yin, K)
Download PDF
(PC) Jackson v. California Department of Corrections & Rehabilitation Doc. 11 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHRISTOPHER JACKSON, 11 Plaintiff, 12 13 No. CIV S-10-1627 FCD DAD P vs. CALIFORNIA DEP’T OF CORRECTIONS AND REHABILITATION, 14 Defendants. FINDINGS & RECOMMENDATIONS 15 / 16 17 By order filed July 8, 2010, plaintiff’s complaint was dismissed and thirty days 18 leave to file an amended complaint was granted. On August 24, 2010, plaintiff was granted a 19 thirty day extension of time to file his amended complaint. The thirty day period has now 20 expired, and plaintiff has not filed an amended complaint or otherwise responded to the court’s 21 order. 22 23 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 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 twenty- 26 one 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: October 5, 2010. 6 7 8 DAD:4 jack1627.fta 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2