(PC) Wenholz v. Marsh et al, No. 2:2010cv01681 - Document 7 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 9/10/2010 RECOMMENDING that this action be dismissed w/out prejudice. R eferred to Judge Frank C. Damrell, Jr.; Objections due w/in 21 days. (Yin, K)
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(PC) Wenholz v. Marsh et al Doc. 7 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WAYNE WENHOLZ, Plaintiff, FINDINGS & RECOMMENDATIONS vs. 12 13 No. CIV S-10-1681 FCD KJM P Defendant. 11 MARSH, 14 / 15 By order filed June 30, 2010, plaintiff’s complaint was dismissed and thirty days 16 17 leave to file an amended complaint was granted. The thirty-day period has now expired, and 18 plaintiff has not filed an amended complaint or otherwise responded to the court’s order. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed 19 20 without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 21 These findings and recommendations are submitted to the United States District 22 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 23 one days after being served with these findings and recommendations, plaintiff may file written 24 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 25 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 26 ///// 1 Dockets.Justia.com 1 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 2 F.2d 1153 (9th Cir. 1991). 3 DATED: September 10, 2010. 4 5 4 wenh1681.fta 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2