(PC) Overton v. Assoc. Warden Business Service, No. 2:2010cv02955 - Document 11 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 5/9/2011 RECOMMENDING that this action be dismissed w/out prejudice. Referred to Judge Morrison C. England, Jr.; Objections due w/in 21 days. (Yin, K)
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(PC) Overton v. Assoc. Warden Business Service Doc. 11 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL LOUIS OVERTON, 11 Plaintiff, 12 13 No. CIV S-10-2955 MCE DAD P vs. ASSOC. WARDEN BUSINESS SERVICE, et al., 14 Defendants. 15 FINDINGS AND RECOMMENDATIONS / 16 By order filed March 24, 2011, plaintiff’s complaint was dismissed and thirty days 17 leave to file an amended complaint was granted. Plaintiff was cautioned that failure to do so 18 would result in a recommendation that this action be dismissed. The thirty day period has now 19 expired, and plaintiff has not filed an amended complaint or otherwise responded to the court’s 20 order. 21 22 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 23 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 twenty- 25 one 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.” Plaintiff is advised that failure to file objections within the 2 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 3 F.2d 1153 (9th Cir. 1991). 4 DATED: May 9, 2011. 5 6 7 DAD:9 over2955.fta 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2