Weaver v. Rio Cosumnes Correctional Institution

Filing 22

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 04/26/10 RECOMMENDING that this action be dismissed without prejudice. Objections due within 21 days. (Manzer, C)

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. RIO COSUMNES CORRECTIONAL INSTITUTION, Defendant. / FINDINGS & RECOMMENDATIONS WILLIE WEAVER, Plaintiff, No. CIV S-09-2152 MCE KJM P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

By order filed February 23, 2010, plaintiff was granted an additional thirty days leave to file an amended complaint. The thirty day period has now expired, and plaintiff has not filed an 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

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specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). DATED: April 26, 2010.

weav2152.fta

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