Dunigan v. United States et al

Filing 26

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 5/18/2011 RECOMMENDING that this action be dismissed w/out prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections due w/in 14 days. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEVIN DUNIGAN,

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Plaintiff,
vs.
UNITED STATES, et al.,
Defendants.

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No. 2:10-cv-2294 GEB DAD (PC)

FINDINGS & RECOMMENDATIONS
/

By order filed November 22, 2010, plaintiff’s complaint was dismissed and thirty

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days leave to file an amended complaint was granted. By order filed January 3, 2011, plaintiff

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was granted an additional one hundred twenty days in which to file an amended complaint. The

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latter period has now expired, and plaintiff has not filed an amended complaint or otherwise

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responded to the court’s order.

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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

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Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen

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days after being served with these findings and recommendations, plaintiff may file written

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objections with the court. The document should be captioned “Objections to Magistrate Judge’s
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Findings and Recommendations.” Any response to the objections shall be filed and served

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within fourteen days after service of the objections. Plaintiff is advised that failure to file

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objections within the specified time may waive the right to appeal the District Court’s order.

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Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: May 18, 2011.

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DAD:12
duni2294.fta

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