Delarm v. Bell et al

Filing 12

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 6/12/2017 ORDERING the Clerk to assign a district judge to this case; and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Garland E. Burrell, Jr.; Objections to F&R 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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MICHAEL DELARM,

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No. 2:14-cv-2792 DB P

Plaintiff,

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v.

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E. BELL, et al.,

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ORDER AND FINDINGS AND
RECOMMENDATIONS
Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights

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action under 42 U.S.C. § 1983. In an order filed March 20, 2017, the court dismissed plaintiff’s

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first amended complaint and gave plaintiff thirty days to file a second amended complaint. In an

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order filed May 2, 2017, the court noted that plaintiff had failed to file a second amended

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complaint within the thirty-day period. The court gave plaintiff thirty additional days to file a

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second amended complaint. Plaintiff was warned that his failure to file a timely second amended

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complaint would result in a recommendation that this action be dismissed.
Thirty days have passed since the court issued the May 2 order and plaintiff has not filed a

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second amended complaint or otherwise responded to the court’s order.
Accordingly, the Clerk of the Court is HEREBY ORDERED to assign a district judge to

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this case; and

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////
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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: June 12, 2017

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DLB:9
DLB1/prisoner-civil rights/dela2792.fta.ext

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