-KJN (PC) Houze v. County of Sacramento et al, No. 2:2010cv03076 - Document 9 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 04/15/11 recommending that this action be dismissed without prejudice. Referred to Judge Lawrence K. Karlton. Objections due within 21 days. (Plummer, M)
Download PDF
-KJN (PC) Houze v. County of Sacramento et al Doc. 9 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LAMONT A. HOUZE II, 11 12 Plaintiff, No. 2:10-cv-3076 LKK KJN P vs. 13 14 15 16 17 COUNTY OF SACRAMENTO, and THE STATE OF CALIFORNIA, Defendants FINDINGS & RECOMMENDATIONS / By order filed February 15, 2011, plaintiff’s complaint was dismissed and thirty 18 days leave to file an amended pleading was granted. Plaintiff was informed that “[f]ailure to 19 respond to this order will result in a recommendation that this action be dismissed.” (Dkt. No. 8 20 at 3.) The thirty-day period has now expired, and plaintiff has not filed an amended pleading or 21 otherwise responded to the court’s order. 22 23 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 24 These findings and recommendations are submitted to the United States District 25 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 26 one days after being served with these findings and recommendations, plaintiff may file written 1 Dockets.Justia.com 1 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 2 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 3 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 4 F.2d 1153 (9th Cir. 1991). 5 DATED: April 15, 2011 6 7 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 8 9 houz3076.fta 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2