(PC) Brady v. Marsh et al, No. 2:2010cv01658 - Document 16 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 5/10/11 recommending that this action be dismissed without prejudice. Objections due within 21 days after being served with these Findings and Recommendations.(Duong, D)
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(PC) Brady v. Marsh et al Doc. 16 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSH BRADY, 11 12 13 14 Plaintiff, vs. MARSH, et al., Defendants. 15 16 No. CIV S-10-1658 FCD DAD P FINDINGS AND RECOMMENDATIONS / By order filed March 28, 2011, plaintiff’s amended complaint was dismissed and 17 thirty days leave to file a second amended complaint was granted. Plaintiff was cautioned that 18 failure to do so would result in a recommendation that this action be dismissed. The thirty day 19 period has now expired, and plaintiff has not filed a second amended complaint or otherwise 20 responded to the court’s order. 21 22 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. 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 28 U.S.C. § 636(b)(l). Within twenty- 25 one days after being served with these findings and recommendations, plaintiff may file written 26 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 1 Dockets.Justia.com 1 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 2 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 3 F.2d 1153 (9th Cir. 1991). 4 DATED: May 10, 2011. 5 6 7 DAD:9 brad1658.fta 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2