Turner v. Artis et al

Filing 12

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 9/19/13 ORDERING that the Clerk of the Court assign a district court judge to this case; and IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JASON TURNER,

12

No. 2:13-cv-0944 CKD P

Plaintiff,

13

v.

14

D. ARTIS, et al.,

15

FINDINGS AND RECOMMENDATIONS

Defendants.

16
17

By order filed August 12, 2013, plaintiff’s second complaint was dismissed and thirty

18

days leave to file a third amended complaint was granted. The thirty day period has now expired,

19

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

20
21
22
23

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

24

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

25

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

26

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

27

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

28

and Recommendations.” Plaintiff is advised that failure to file objections within the specified
1

1

time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153

2

(9th Cir. 1991).

3

Dated: September 19, 2013

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

4
5
6
7
8
9
10

1
turn0944.fta

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2