Lett v. California Department of Rehabilitation et al

Filing 6

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 4/11/13 RECOMMENDING that this action be dismissed with prejudice. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days after being served with these findings and recommendations. (Meuleman, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRENT R. LETT,

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Plaintiff,

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vs.

No. 2:12-cv-2265 TLN GGH PS

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CALIFORNIA DEPARTMENT OF
REHABILITATION, et al.,

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Defendants.

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FINDINGS & RECOMMENDATIONS
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By order filed November 21, 2012, plaintiff’s complaint was dismissed and

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twenty-eight days leave to file an amended complaint was granted. In that order, the court

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informed plaintiff of the deficiencies in his complaint. The twenty-eight day period has now

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expired, and plaintiff has not filed an amended complaint or otherwise responded to the court’s

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order.

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Plaintiff has apparently decided to rest on the dismissed complaint. For the

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reasons given in the November 21, 2012, order, IT IS HEREBY RECOMMENDED that this

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action be dismissed with 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
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.” Plaintiff is advised that failure to file objections within the

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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951

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F.2d 1153 (9th Cir. 1991).

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DATED: April 11, 2013

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:076/Lett2265.fta.wpd

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