-KJN (PS) Johnson v. Conroy et al, No. 2:2010cv02114 - Document 32 (E.D. Cal. 2011)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/6/11 VACATING all dates set before the undersigned and RECOMMENDING that plaintifff's 1 Complaint be dismissed with prejudice and the clerk be directed to close this case. Referred to Judge Morrison C. England, Jr. Objection due within 14 days after being served with these findings and recommendations. (Donati, J)
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-KJN (PS) Johnson v. Conroy et al Doc. 32 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SCOTT N. JOHNSON, 11 Plaintiff, 12 13 No. 2:10-cv-02114 MCE KJN PS v. JANICE M. CONROY, Individually and d/b/a WHISKEY DICKS, et al., 14 Defendants. ORDER and FINDINGS AND RECOMMENDATIONS 15 / 16 17 In an order entered April 1, 2011, the undersigned dismissed plaintiff’s complaint 18 without prejudice and provided plaintiff with leave to file a first amended complaint. (Order, 19 Apr. 1, 2011, Dkt. No. 29.) On April 6, 2011, plaintiff filed a Request For Dismissal, requesting 20 that the court dismiss this entire action with prejudice and close this case. (Req. for Dismissal, 21 Dkt. No. 31.) Because at least some defendants previously filed documents that could be 22 construed as answers to the complaint, plaintiff must obtain a dismissal by court order. See Fed. 23 R. Civ. P. 41(a)(1). The undersigned recommends that plaintiff’s complaint be dismissed with 24 prejudice as requested, with each party to bear his or her own fees and costs. 25 //// 26 //// 1 Dockets.Justia.com 1 2 Based on plaintiff’s Request for Dismissal, IT IS HEREBY RECOMMENDED that: 3 4 1. his or her own fees and costs. 5 6 Plaintiff’s complaint be dismissed with prejudice, with each party to bear 2. The Clerk of Court be directed to close this case and vacate all dates in this case. 7 It is FURTHER ORDERED that all dates before the undersigned are vacated. 8 These findings and recommendations are submitted to the United States District 9 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 10 days after being served with these findings and recommendations, any party may file written 11 objections with the court and serve a copy on all parties. Id.; see also E. Dist. Local Rule 304(b). 12 Such a document should be captioned “Objections to Magistrate Judge’s Findings and 13 Recommendations.” Any response to the objections shall be filed with the court and served on 14 all parties within fourteen days after service of the objections. E. Dist. Local Rule 304(d). 15 Failure to file objections within the specified time may waive the right to appeal the District 16 Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 17 1153, 1156-57 (9th Cir. 1991). 18 19 IT IS SO ORDERED and RECOMMENDED. DATED: April 6, 2011 20 21 22 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 23 24 25 26 2