Bontty v. Rhode et al

Filing 18

ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 9/1/11: The Clerk of the Court is directed to randomly assign a United States District Judge to this action. Recommending that this action be dismissed without prejudice. F&R are submitted to the United States District Judge Morrison C. England, Jr.. Objections to F&R due within fourteen days. (Kaminski, H)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RUBEN J. BONTTY, Plaintiff, 11 vs. 12 13 No. CIV S-10-3479 DAD P RHODE et al., ORDER AND Defendants. 14 FINDINGS AND RECOMMENDATIONS / 15 By order filed July 15, 2011, plaintiff’s complaint was dismissed and thirty days 16 17 leave to file an amended complaint was granted. Plaintiff was cautioned that failure to do so 18 would result in a recommendation that this action be dismissed. The thirty day period has now 19 expired, and plaintiff has not filed an amended complaint or otherwise responded to the court’s 20 order. 21 22 23 24 25 26 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to randomly assign a United States District Judge to this action. 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 fourteen 1 1 days after being served with these findings and recommendations, plaintiff may file written objections 2 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 3 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 4 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 5 (9th Cir. 1991). 6 DATED: September 1, 2011. 7 8 9 10 DAD:9 bont3479.fta 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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