Medina v. McDonald et al

Filing 11

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/10/11 ORDERING that Clerk of the Court shall assign a district judge to this action; and RECOMMENDING that this action be dismissed without prejudice. Randomly assigned and referred to Judge William B. Shubb; Objections to F&R due within 21 days.(Dillon, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

ALEX MEDINA,

11
12
13
14

Plaintiff,
vs.
M. McDONALD, et al.,

ORDER AND

Defendants.

15
16

No. 2: 11-cv-0857 KJN P

FINDINGS & RECOMMENDATIONS
/

By order filed April 1, 2011, plaintiff’s complaint was dismissed and thirty days

17

leave to file an amended complaint was granted. The thirty day period has now expired, and

18

plaintiff has not filed an amended complaint or otherwise responded to the court’s order.

19
20
21
22

Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall assign
a district judge to this action; and
IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).

23

These findings and recommendations are submitted to the United States District

24

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

25

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

26

objections with the court. The document should be captioned “Objections to Magistrate Judge’s
1

1

Findings and Recommendations.” Plaintiff is advised that failure to file objections within the

2

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

3

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

4

DATED: May 10, 2011

5
6

_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

7
8

med857.fta

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2