(PC) Bjorlin v. Morrow et al, No. 2:2010cv02162 - Document 15 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/8/10 RECOMMENDING that this action be dismissed with prejudice. Referred to Judge Frank C. Damrell, Jr; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)
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(PC) Bjorlin v. Morrow et al Doc. 15 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 13 14 15 16 No. 2: 10-cv-2162 FCD KJN P vs. DR. MORROW, et al., Defendants. FINDINGS & RECOMMENDATIONS / By order filed November 3, 2010, plaintiff was granted twenty-eight days to file 17 an amended complaint. The twenty-eight day period has now expired, and plaintiff has not filed 18 an amended complaint or otherwise responded to the court’s order. 19 20 21 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 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 fourteen 23 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.” Any response to the objections shall be filed and served 26 within fourteen days after service of the objections. Plaintiff is advised that failure to file 1 Dockets.Justia.com 1 objections within the specified time may waive the right to appeal the District Court’s order. 2 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 DATED: December 8, 2010 4 5 6 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 7 8 bj2162.fta 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2