Simmons v. Lincoln

Filing 6

ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/14/2014 ORDERING the Clerk to assign a district judge to this action; and RECOMMENDING that this action be dismissed without prejudice. Assigned and Referred to Judge William B. Shubb; Objections due within 14 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALTON L. SIMMONS,

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No. 2:14-cv-0759 KJN P

Plaintiff,
v.

ORDER AND FINDINGS AND
RECOMMENDATIONS

S. LINCOLN,
Defendant.

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By order filed April 2, 2014, plaintiff’s complaint was dismissed and thirty days leave to

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file an amended complaint was granted. Thirty days from that date have now passed, and

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plaintiff has not filed an amended complaint, or otherwise responded to the court’s order.

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Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall assign a district
judge to this action; 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 14, 2014

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Sim759.fta

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