Proctor v. Felker et al

Filing 28

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 3/3/10 RECOMMENDING that this action be dismissed with prejudice. Referred to Judge John A. Mendez; Objections to F&R due within 20 days. (Dillon, 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. T. FELKER, et al., Defendants. / By order filed December 9, 2009, the court granted defendants' motion to dismiss and granted plaintiff twenty-eight days to file an amended complaint. The twenty-eight day period has now expired, and plaintiff has not filed an amended complaint or otherwise responded to the court's order. For the reasons given in the December 9, 2009, order, IT IS HEREBY RECOMMENDED that this action be dismissed with 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 Title 28 U.S.C. § 636(b)(l). Within twenty 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 1 FINDINGS & RECOMMENDATIONS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA RICHARD L. PROCTOR, JR., Plaintiff, No. CIV S-08-3158 JAM GGH P

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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. DATED: March 3, 2010 /s/ Gregory G. Hollows

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 pro3158.fta GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE