Blaine v. California Health Care Facility et al

Filing 15

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 4/25/14 ORDERING that Clerk assign a district judge to this matter; RECOMMENDING that this action be dismissed with prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VANCE BLAINE,

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Plaintiff,

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No. 2:13-cv-2163 AC P

v.

ORDER AND FINDINGS &
RECOMMENDATIONS

CALIFORNIA HEALTH CARE
FACILITY, et al.,
Defendants.

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By order filed March 13, 2014, the court granted plaintiff twenty-eight days to file an

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amended complaint. In the March 13th order, the court informed plaintiff of the deficiencies in

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his complaint. Plaintiff was cautioned that failure to file an amended complaint would result in a

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recommendation of dismissal of this action. The twenty-eight day period has now expired, and

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plaintiff has not filed an amended complaint or otherwise responded to the court’s order.
Accordingly, IT IS HEREBY ORDERED that the Clerk assign a district judge to this

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matter.
For the reasons given in the March 13, 2014, order, IT IS HEREBY RECOMMENDED
that this action be dismissed with prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).
These findings and recommendations are submitted to the United States District Judge
assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one days
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after being served with these findings and recommendations, plaintiff may file written objections

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

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

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

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(9th Cir. 1991).

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DATED: April 25, 2014

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