Durden v. El Dorado County Sheriff Department et al

Filing 10

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 7/23/14 ORDERING that the Clerk of the Court is directed to randomly assign a United States District Judge to this action. IT IS RECOMMENDED that this action be dismissed without prejudice. Referred to Judge John A. Mendez; 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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LARRY F. DURDEN,

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Plaintiff,

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No. 2:14-cv-0477 DAD P

v.

ORDER AND

EL DORADO COUNTY SHERIFF’S
DEPARTMENT,

FINDINGS AND RECOMMENDATIONS

Defendants.

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On April 22, 2014, the court instructed plaintiff for the second time that he needed to file a

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complaint that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil

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Procedure, and the Local Rules of Practice to properly commence this action. The court granted

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plaintiff thirty days to do so and warned him that his failure to comply with the order would result

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in a recommendation that this action be dismissed.
Once more, plaintiff has not filed a complaint in this action. Instead, plaintiff has filed

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two documents with the court, one styled “Charges” and the other styled as an “Affidavit.”

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Again, the court is unable to decipher what plaintiff is complaining about or what relief he is

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seeking from this court. Under these circumstances, the court will recommend dismissal of this

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action.

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Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to
randomly assign a United States District Judge to this action.
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: July 23, 2014

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DAD:9
durd0477.nocompl(3)

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