(PC) Bjorlin v. McDonald, et al, No. 2:2010cv01825 - Document 11 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 01/28/10 recommending that this action be dismissed without prejudice. Referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)

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(PC) Bjorlin v. McDonald, et al Doc. 11 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL P. BJORLIN, 11 Plaintiff, 12 No. CIV S-10-1825 WBS EFB P vs. 13 M.D. McDONALD, et al., 14 Defendants. 15 16 FINDINGS AND RECOMMENDATIONS / Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 17 U.S.C. § 1983. On December 10, 2010, the court dismissed plaintiff’s original complaint with 18 leave to amend. The dismissal order explained the complaint’s deficiencies, gave plaintiff 30 19 days to file an amended complaint correcting those deficiencies, and warned plaintiff that failure 20 to file an amended complaint would result in a recommendation that this action be dismissed. 21 22 23 24 The 30-day period has expired and 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 without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 1 Dockets.Justia.com 1 after being served with these findings and recommendations, any party may file written 2 objections with the court and serve a copy on all parties. Such a document should be captioned 3 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 4 within the specified time may waive the right to appeal the District Court’s order. Turner v. 5 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 Dated: January 28, 2010. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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