-DAD (PC) Dunigan v. United States et al, No. 2:2010cv02294 - Document 26 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 5/18/2011 RECOMMENDING that this action be dismissed w/out prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections due w/in 14 days. (Yin, K)
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-DAD (PC) Dunigan v. United States et al Doc. 26 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEVIN DUNIGAN, 11 12 13 14 Plaintiff, vs. UNITED STATES, et al., Defendants. 15 16 No. 2:10-cv-2294 GEB DAD (PC) FINDINGS & RECOMMENDATIONS / By order filed November 22, 2010, plaintiff’s complaint was dismissed and thirty 17 days leave to file an amended complaint was granted. By order filed January 3, 2011, plaintiff 18 was granted an additional one hundred twenty days in which to file an amended complaint. The 19 latter period has now expired, and plaintiff has not filed an amended complaint or otherwise 20 responded to the court’s order. 21 22 23 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 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.” Any response to the objections shall be filed and served 2 within fourteen days after service of the objections. Plaintiff is advised that failure to file 3 objections within the specified time may waive the right to appeal the District Court’s order. 4 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 DATED: May 18, 2011. 6 7 8 9 10 DAD:12 duni2294.fta 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2