Dickman v. Tan et al

Filing 9

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 6/30/2015 DIRECTING the Clerk to randomly assign a US 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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL DICKMAN, 12 13 14 15 No. 2:14-cv-2150 DAD P Plaintiff, v. ORDER AND RICHARD M. TAN et al., FINDINGS AND RECOMMENDATIONS Defendants. 16 17 By order filed March 30, 2015, plaintiff’s complaint was dismissed and thirty days leave 18 to file an amended complaint was granted. A copy of that order, however, was returned to the 19 court by the postal service. Accordingly, on May 13, 2015, the court re-served plaintiff with 20 order. Thirty days from the date of re-service of the order have now passed, and plaintiff has not 21 filed an amended complaint or otherwise responded to the court’s order. 22 23 24 25 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). 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, plaintiff may file written objections 1 1 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 2 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 3 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 4 (9th Cir. 1991). 5 Dated: June 30, 2015 6 7 8 DAD:9 dick2150.fta 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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