(PC) Harrison v. California State Penitentiary, Medical Care et al, No. 2:2010cv02659 - Document 15 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/21/11 RECOMMENDING that this action be dismissed without prejudice; 1 Prisoner Civil Rights Complaint referred to Judge Morrison C. England, Jr.; Objections to F&R due within 21 days.(Dillon, M)
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(PC) Harrison v. California State Penitentiary, Medical Care 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 KHALID HARRISON, 11 Plaintiff, 12 No. 2:10-cv-2659 MCE KJN P vs. 13 14 CALIFORNIA STATE PENITENTIARY MEDICAL CARE, 15 Defendant. 16 17 FINDINGS & RECOMMENDATIONS / By order filed March 8, 2011, plaintiff’s complaint was dismissed and thirty days 18 leave to file an amended complaint was granted. The thirty day period has now expired, and 19 plaintiff has not filed an amended complaint or otherwise responded to the court’s order. 20 21 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 22 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 twenty- 24 one days after being served with these findings and recommendations, plaintiff may file written 25 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 26 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 1 Dockets.Justia.com 1 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 2 F.2d 1153 (9th Cir. 1991). 3 DATED: April 21, 2011 4 5 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 6 7 harr2659.fta 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2