Erving v. CDCR et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 6/9/15 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; 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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ALBERT ERVING, JR.,
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No. 2:14-cv-2670 KJM AC P
Plaintiff,
v.
FINDINGS AND RECOMMENDATIONS
CDCR, et al.,
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Defendants.
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Plaintiff is a state prisoner proceeding pro se in this action commenced November 14,
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2014. By order filed April 24, 2015, this court dismissed plaintiff’s original pleading and granted
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plaintiff leave to file, within thirty days, an amended pleading framed either as a civil rights
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complaint or a petition for writ of habeas corpus. See ECF No. 7. The court deferred ruling on
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plaintiff’s application to proceed in forma pauperis until such time that the court could determine
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whether this action would proceed in civil rights or habeas. Plaintiff was informed that “[f]ailure
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to timely file an amended pleading will result in a recommendation that this action be dismissed
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without prejudice.” Id. at 7. More than thirty days have passed, and plaintiff has not responded
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to the court’s order.
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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice.
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. Such a 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: June 9, 2015
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