Wheeler v. Hodges

Filing 13

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 05/07/14 ORDERING the clerk of the court is directed to assign a District Judge to this case. U.S. District Judge Morrison C. England Jr. randomly assigned to this case. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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REGINALD WHEELER,

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Plaintiff,

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No. 2:13-cv-2526 KJN P

v.

FINDINGS & RECOMMENDATIONS

M. HODGES, et al.,

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Defendants.

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By order filed April 1, 2014, plaintiff’s amended complaint was dismissed and thirty days

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leave to file a second amended complaint was granted. Thirty days from that date have now

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passed, and plaintiff has not filed a second amended complaint, or otherwise responded to the

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court’s order.
ACCORDINGLY, the clerk of the court is directed to assign a district judge to this case;

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and
IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See
Local Rule 110; 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, 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: May 7, 2014

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/whee2526.fta

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