Koivisto v. Walker et al

Filing 11

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/17/12 ORDERING that Clerk of the Court randomly assign a United States District Judge to this action; RECOMMENDING that this action be dismissed without prejudice. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, 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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TAUNO A. KOIVISTO, III,

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Plaintiff,

No. 2:12-cv-0772 EFB P

vs.
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JIMMY WALKER, et al.,
ORDER AND
FINDINGS AND RECOMMENDATIONS

Defendants.

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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). See 28 U.S.C. § 636.

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On August 2, 2012, the court dismissed plaintiff’s complaint, explained the complaint’s

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deficiencies, gave plaintiff 30 days to file an amended complaint correcting those deficiencies,

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and warned plaintiff that failure to file an amended complaint would result in a recommendation

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that this action be dismissed. The 30-day period has expired and plaintiff has not filed an

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amended complaint or otherwise responded to the court’s order.

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Accordingly, it is hereby ORDERED that the Clerk of the Court randomly assign a
United States District Judge to this action.
Further, it is hereby RECOMMENDED that this action be dismissed without prejudice.
28 U.S.C. § 1915A; Fed. R. Civ. P. 41(b); E.D. Cal. Local Rule 110.

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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: September 17, 2012.

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