Madrid v. Virga

Filing 23

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 9/9/2011 recommending that this action be dismissed; 18 Amended Prisoner Civil Rights Complaint referred to Judge William B. Shubb;any party may file objections to the findings and recommendations w/i 14 days after being served. (Waggoner, D)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANDREW MADRID,

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Plaintiff,

Defendant.

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No. 2:11-cv-1607 WBS KJN P

FINDINGS & RECOMMENDATIONS

vs.
TIM VIRGA,

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By order filed July 27, 2011, plaintiff’s complaint was dismissed and thirty days

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leave to file an amended complaint was granted. On July 26, 2011, plaintiff filed a first amended

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complaint that was entered on the court’s docket on July 27, 2011. By order filed July 29, 2011,

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plaintiff’s amended complaint was also dismissed, and plaintiff was granted thirty days in which

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to file a second amended complaint. That thirty day period has now expired, and plaintiff has not

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filed a second amended complaint.1

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On August 3, 2011, plaintiff returned the “Notice of Amendment” form, along with a
copy of the July 27, 2011 order. (Dkt. No. 21.) Plaintiff handwrote a few sentences expressing
his dissatisfaction with this court’s order, unrelated to the substance of the order, but did not
provide a proposed amended complaint or otherwise indicate he intended to pursue this action
further. (Id.)
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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).

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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: September 9, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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madr1607.fta

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