Robinson v. Kate et al

Filing 22

ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 9/26/2012 ORDERING the clerk to assign a district judge to this case; and RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.; Objections due within 20 days. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANDRE JAMAL ROBINSON,

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Plaintiff,

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No. 2:11-cv-2555 GGH P

vs.

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MATTHEW CATES, et al.

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Defendants.

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ORDER and
FINDINGS & RECOMMENDATIONS
/

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By order filed August 8, 2012, plaintiff was ordered to show cause, within twenty-

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one (21) days, why his action should not be dismissed as moot. See Doc. No. 20 (transfer to a

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different prison mooted the case). Plaintiff was specifically advised that, if he failed to respond

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to this order, the court would recommend that the action be dismissed with prejudice. Id. at 2:20-

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21. The twenty-one day period has now expired, and plaintiff has not shown cause or otherwise

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responded to the court’s order.

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In accordance with the above, IT IS HEREBY ORDERED that the Clerk assign a
district judge to this case; and

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IT IS RECOMMENDED that this action be dismissed without prejudice. See

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Local Rule 110; Fed. R. Civ. P. 41(b).

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\\\\\

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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 twenty

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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: September 26, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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ggh:rb

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robi2555.fsc

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