VanBuren v. Eckgaurd

Filing 4

ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 10/21/2013 ORDERING that this case be randomly assigned to a District Judge; and RECOMMENDING that this action be dismissed without prejudice. Assigned and Referred to Judge Troy L. Nunley; Objections due within 14 days. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MAURICE VAN BUREN, 12 Plaintiff, 13 14 v. ORDER AND DOUGLAS ECKGAURD, 15 No. 2:13-cv-01916 DAD P FINDINGS & RECOMMENDATIONS Defendant. 16 17 By order filed September 23, 2013, plaintiff’s complaint was dismissed and thirty days 18 leave to file an amended complaint was granted. Plaintiff was also granted thirty days to either 19 pay the filing fee or to submit an application to proceed in forma pauperis. Thirty days from that 20 date have now passed, and plaintiff has not filed an amended complaint, submitted the filing fee 21 or application to proceed in forma pauperis, or otherwise responded to the court’s order. Accordingly, IT IS HEREBY ORDERED that this case be randomly assigned to a District 22 23 24 25 Judge. Also, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, plaintiff may file written objections 1 1 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 2 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 3 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 4 (9th Cir. 1991). 5 Dated: October 21, 2013 6 7 8 9 DAD:4 vanb1916.fta-fifp 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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