Sansone v. Corpus et al

Filing 18

ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 7/1/2014 ORDERING the Clerk to assign a district judge to this matter; and RECOMMENDING that this action be dismissed with prejudice. Assigned and Referred to Judge John A. Mendez; Objections due within 21 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 RICHARD SANSONE, 12 Plaintiff, 13 14 No. 2:13-cv-2563 AC P ORDER and MTA CORPUS, et al., 15 FINDINGS & RECOMMENDATIONS Defendants. 16 By order filed May 12, 2014 (ECF No. 15), the court granted plaintiff twenty-eight days 17 18 to file an amended complaint. In the May 12th order, the court informed plaintiff of the 19 deficiencies in his complaint. Plaintiff was cautioned that failure to file an amended complaint 20 would result in a recommendation of dismissal of this action. The twenty-eight day period has 21 now expired, and plaintiff has not filed an amended complaint or otherwise responded to the 22 court’s order. Accordingly, IT IS HEREBY ORDERED that the Clerk assign a district judge to this 23 24 25 26 27 28 matter. For the reasons given in the May 12, 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 1 1 after being served with these findings and recommendations, plaintiff may file written objections 2 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 3 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 4 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 5 (9th Cir. 1991). 6 DATED: July 1, 2014 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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