(PC) Swanson v. CSP Sacramento et al, No. 2:2013cv01809 - Document 11 (E.D. Cal. 2013)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 11/25/13 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 21 days. (Dillon, M)

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(PC) Swanson v. CSP Sacramento et al Doc. 11 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GAVIN RUSSELL SWANSON, 12 13 14 15 No. 2:13-cv-1809 GEB AC P Plaintiff, v. FINDINGS & RECOMMENDATIONS D. BODENHAMER, et al., Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, filed a complaint pursuant to 42 U.S.C. § 18 1983. By order filed on September 16, 2013, the complaint was dismissed with leave to amend 19 within twenty-eight days. ECF No. 8. In the September 16th order, the court informed plaintiff of 20 the deficiencies in his complaint. The twenty-eight day period has now expired, and plaintiff has 21 not filed an amended complaint or otherwise responded to the court’s order. 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 are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one days 26 after being served with these findings and recommendations, plaintiff may file written objections 27 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 28 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 1 Dockets.Justia.com 1 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 2 (9th Cir. 1991). 3 DATED: November 25, 2013 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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