Dearwester v. Scully et al

Filing 7

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/13/2015 ORDERING the Clerk to assign a district judge to this action; AND RECOMMENDING that this action be dismissed without prejudice. Assigned and referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

FRANK LEE DEARWESTER,

12
13
14
15

No. 2:15-cv-0457 KJN P

Plaintiff,
v.
JAN SCULLY, et al.,

ORDER AND FINDINGS &
RECOMMENDATIONS

Defendants.

16
17

By order filed April 6, 2015, plaintiff’s complaint was dismissed and thirty days leave to

18

file an amended complaint was granted. Thirty days from that date have now passed, and

19

plaintiff has not filed an amended complaint, or otherwise responded to the court’s order.

20
21
22
23

Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall assign a district
judge to this action; and
IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See
Local Rule 110; Fed. R. Civ. P. 41(b).

24

These findings and recommendations are submitted to the United States District Judge

25

assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

26

after being served with these findings and recommendations, any party may file written

27

objections with the court and serve a copy on all parties. Such a document should be captioned

28

“Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the
1

1

objections shall be served and filed within fourteen days after service of the objections. The

2

parties are advised that failure to file objections within the specified time may waive the right to

3

appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

4

Dated: May 13, 2015

5
6
7
8
9
10
11

Dear457.fta

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