(HC) Wilson v. Rounds, No. 2:2010cv02333 - Document 7 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 12/15/10 recommending that this action be dismissed without prejudice (as indicated in the previous order) Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
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(HC) Wilson v. Rounds Doc. 7 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KELLY WILSON, 11 12 13 Petitioner, No. CIV S-10-2333 JAM GGH P vs. ROUNDS, Warden, 14 Respondent. 15 FINDINGS & RECOMMENDATIONS / 16 By order filed October 4, 2010, petitioner’s application was dismissed and twenty- 17 eight days leave to file an amended application was granted. The twenty-eight day period has 18 now expired, and petitioner has not filed an amended application or otherwise responded to the 19 court’s order. 20 21 22 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice (as indicated in the previous order). See Local Rule 110; Fed. R. Civ. P. 41(b). These findings and recommendations are submitted to the United States District 23 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 24 days after being served with these findings and recommendations, petitioner may file written 25 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 26 Findings and Recommendations.” Any response to the objections shall be filed and served 1 Dockets.Justia.com 1 within fourteen days after service of the objections. Petitioner is advised that failure to file 2 objections within the specified time may waive the right to appeal the District Court’s order. 3 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 DATED: December 15, 2010 5 /s/ Gregory G. Hollows 6 UNITED STATES MAGISTRATE JUDGE 7 /wils2333.fta 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2