-CKD (PC) Brown v. Brewer et al, No. 2:2011cv02747 - Document 10 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/2/2011 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.; Objections due within 21 days. (Yin, K)
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-CKD (PC) Brown v. Brewer et al Doc. 10 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TYRELL T. BROWN, 11 12 Plaintiff, No. CIV S-11-2747 MCE CKD P vs. 13 14 15 16 17 CORRECTIONAL OFFICER BREWER, et al., Defendants. FINDINGS & RECOMMENDATIONS / By order filed October 25, 2011, plaintiff’s complaint was dismissed and thirty 18 days 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: December 2, 2011 4 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 1 brow2747.fta 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2