Brown v. Hume et al

Filing 21

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 07/12/12 ORDERING that the clerk of the court randomly assign a United States District Judge to this action. Also, RECOMMENDING that this action be dismissed for failure to state a claim and for failure to prosecute. Referred to Judge Garland E. Burrell. Objections due within 14 days. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DEXTER BROWN,
Plaintiff,

ORDER AND
FINDINGS AND RECOMMENDATIONS

vs.

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No. 2:11-cv-3441 EFB P

Defendants.

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HUME, et al.,

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/

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28

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U.S.C. § 636(b)(1). On April 16, 2012, the court dismissed plaintiff’s complaint with leave to

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amend. The dismissal order explained the complaint’s deficiencies, gave plaintiff 30 days to file

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an amended complaint correcting those deficiencies, and warned plaintiff that failure to file an

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amended complaint would result in a recommendation that this action be dismissed for failure to

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state a claim. Despite an extension of time, the time for acting has passed, and plaintiff has not

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filed an amended complaint or requested additional time to so.

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Accordingly, is hereby ORDERED that the Clerk of the Court randomly assign a United
States District Judge to this case.
Further, IT IS HEREBY RECOMMENDED that this action be DISMISSED for failure
to state a claim and for failure to prosecute. 28 U.S.C. § 1915A(b); Fed. R. Civ. P. 41(b).

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These findings and recommendations are submitted to the United States District Judge

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

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after being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections

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within the specified time may waive the right to appeal the District Court’s order. Turner v.

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Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: July 12, 2012.

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