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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL DELARM, 12 No. 2:14-cv-2792 DB P Plaintiff, 13 v. 14 E. BELL, et al., 15 ORDER AND FINDINGS AND RECOMMENDATIONS Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights 17 18 action under 42 U.S.C. § 1983. In an order filed March 20, 2017, the court dismissed plaintiff’s 19 first amended complaint and gave plaintiff thirty days to file a second amended complaint. In an 20 order filed May 2, 2017, the court noted that plaintiff had failed to file a second amended 21 complaint within the thirty-day period. The court gave plaintiff thirty additional days to file a 22 second amended complaint. Plaintiff was warned that his failure to file a timely second amended 23 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 24 25 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 26 27 this case; and 28 //// 1 1 2 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, plaintiff may file written objections 6 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 7 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 8 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 9 (9th Cir. 1991). 10 Dated: June 12, 2017 11 12 13 14 15 16 17 18 19 DLB:9 DLB1/prisoner-civil rights/dela2792.fta.ext 20 21 22 23 24 25 26 27 28 2

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