Coleman v. Vallejo Police Department et al

Filing 16

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 07/22/10 recommending that this action be dismissed without prejudice. Referred to Judge Frank C. Damrell. Objections due within 21 days. (Plummer, M)

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(PC) Coleman v. Vallejo Police Department et al Doc. 16 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. VALLEJO POLICE DEPARTMENT, et al., Defendants. / By order filed May 13, 2010, plaintiff's amended complaint was dismissed and thirty days leave to file a second amended complaint was granted. The thirty day 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 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 twentyone 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 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA DEMETRIUS COLEMAN, Plaintiff, No. CIV S-08-2959 FCD KJM P FINDINGS & RECOMMENDATIONS 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 specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). DATED: July 22, 2010. cole2959.fta 2

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