Green v. Walker et al

Filing 22

[VACATED PURSUANT TO 09/21/09 ORDER]FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 6/30/09 RECOMMENDING that this action be dismissed. Referred to Judge Lawrence K. Karlton; Objections to F&R due w/in 20 days. (Yin, K) Modified on 9/21/2009 (Plummer, M).

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. JAMES WALKER, et al., Defendants. / By order filed February 26, 2009, plaintiff's amended complaint was dismissed and thirty days leave to file a second amended complaint was granted. On March 27, 2009, plaintiff was granted an additional thirty days to file a second amended complaint. On May 11, 2009, plaintiff was granted one final thirty day extension of time to file a second amended complaint and was cautioned that no further extensions of time would be granted for this purpose. The time period has now expired, and plaintiff has not filed a second amended complaint or otherwise responded to the court's order. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 11-110; Fed. R. Civ. P. 41(b). These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty 1 FINDINGS & RECOMMENDATIONS LONZELL GREEN, Plaintiff, No. CIV S-07-2487 LKK DAD P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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days after being served with these findings and recommendations, plaintiff may file written objections with the court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Plaintiff is advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). DATED: June 30, 2009.

DAD:lg gree2487.fta.ext

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