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Davis v. Justin

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 29, 2009

DON ANGELO DAVIS, PLAINTIFF,
v.
SGT. N. JUSTIN, ET AL., DEFENDANTS.

ORDER & FINDINGS & RECOMMENDATIONS

By order filed March 18, 2009, the district judge directed plaintiff to file a pretrial statement within thirty days. Plaintiff has not filed his pretrial statement or otherwise responded to the court's order.

Accordingly, it is hereby ORDERED that defendant is relieved of his obligation to file a pretrial statement and it is hereby RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. P. 16(f); Local Rule 11-110.

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 twenty days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Failure to file objections within the specified time may waive the right to appeal the District Court's order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

20090429

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