Canada v. De Fazio

Filing 6

ORDER signed by Magistrate Judge Carolyn K. Delaney on 07/31/14 ordering the clerk of court is directed to: a) redesignate the undersigned findings and recommendations filed 07/01/14 4 as an order; and b) withdraw the assignment of a district judge to this action; and for the reasons stated in this court's order filed 07/01/14, this action is dismissed without prejudice. CASE CLOSED. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

RONALD CANADA,

12
13
14
15

No. 2:14-cv-1208 CKD P

Plaintiff,
v.

ORDER

DE FAZIO,
Defendants.

16
17

Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

18

under 42 U.S.C. § 1983. On July 1, 2014, the undersigned recommended that this action be

19

dismissed without prejudice due to plaintiff’s failure to file a complaint. (ECF No. 4.) Court

20

records reveal that plaintiff has filed a notice of consent to proceed pursuant to the jurisdiction of

21

the undersigned magistrate judge for all purposes. 28 U.S.C. § 636(c); Local Rule 302. (ECF

22

No. 5.) Plaintiff has filed no objections to the findings and recommendations, and there is no

23

basis for modifying the undersigned’s prior conclusion that this action should be dismissed.

24

Moreover, as no defendants have been served to date, plaintiff is the only party to this action.

25

Accordingly, IT IS HEREBY ORDERED that:

26

1. The Clerk of Court is directed to: (a) redesignate the undersigned’s findings and

27

recommendations filed July 1, 2014 (ECF No. 4) as an order; and (b) withdraw the assignment of

28

a district judge to this action; and
1

1

2. For the reasons stated in this court’s order filed July 1, 2014, this action is dismissed

2

without prejudice.

3

Dated: July 31, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

4
5
6
7
8
9
10
11

2 / cana1208.withdraw

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2