-DAD (PS) Brainard v. Boyd et al, No. 2:2011cv00851 - Document 8 (E.D. Cal. 2011)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 9/5/2011 RECOMMENDING that this action be dismissed without prejudice; Referred to Judge Garland E. Burrell, Jr.; Objections due withing 14 days after being served with these F & R's. (Reader, L)
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-DAD (PS) Brainard v. Boyd et al Doc. 8 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM J. BRAINARD, 11 12 13 14 15 16 Plaintiff, No. CIV S-11-0851 GEB DAD PS vs. CHRISTOPHER W. BOYD, et al., Defendants. FINDINGS AND RECOMMENDATIONS / By order filed July 21, 2011, plaintiff’s amended complaint was dismissed with 17 leave to file a second amended complaint that cures the defects noted in that order. Plaintiff was 18 granted thirty days from the date of the order to file a second amended complaint and was 19 cautioned that failure to respond to the court’s order in a timely manner may result in a 20 recommendation that this action be dismissed. The thirty-day period has expired, and plaintiff 21 has not responded to the court’s order in any manner. 22 23 24 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 will be submitted to the United States 25 District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 26 fourteen days after being served with these findings and recommendations, plaintiff may file 1 Dockets.Justia.com 1 written objections with the court. A document containing objections should be titled “Objections 2 to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 3 objections within the specified time may, under certain circumstances, waive the right to appeal 4 the District Court’s order. See Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 DATED: September 5, 2011. 6 7 8 9 DAD:kw Ddad1\orders.pro se\brainard0851.fta 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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