(PS) Reyes v. City of Stockton et al, No. 2:2010cv01776 - Document 4 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 12/13/2010 RECOMMENDING that this action be dismissed with prejudice. Referred to Judge John A. Mendez. Objections to F&R due within 14 days. (Zignago, K.)
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(PS) Reyes v. City of Stockton et al Doc. 4 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAMIRO REYES, 11 12 13 14 15 16 Plaintiff, No. CIV S-10-1776 JAM GGH PS vs. CITY OF STOCKTON, et al., Defendants. FINDINGS & RECOMMENDATIONS / By order filed October 8, 2010, plaintiff’s complaint was dismissed and twenty- 17 eight days leave to file an amended complaint was granted. In that order, the court informed 18 plaintiff of the deficiencies in his complaint. The twenty-eight day period has now expired, and 19 plaintiff has not filed an amended complaint or otherwise responded to the court’s order. 20 Plaintiff has apparently decided to rest on the dismissed complaint. For the 21 reasons given in the October 8, 2010, order, IT IS HEREBY RECOMMENDED that this action 22 be dismissed with prejudice. See Local Rule 11-110; 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 fourteen 25 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: December 13, 2010 /s/ Gregory G. Hollows 5 UNITED STATES MAGISTRATE JUDGE 6 GGH:035 reyes1776.fta 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2