Starr v. United States et al

Filing 60

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 2/13/2017 ORDERING the Clerk to assign a district judge to this action; and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Kimberly J. Mueller; 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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ROBIN GILLEN STARR,

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Plaintiff,

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v.

No. 2:16-cv-1829 CKD P
ORDER and
FINDINGS AND RECOMMENDATIONS

UNITED STATES, et al.,

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Defendants.

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By order filed January 4, 2017, plaintiff’s amended complaint was dismissed and thirty

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days leave to file a second amended complaint was granted. Plaintiff was warned that failure to

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file a second amended complaint would result in a recommendation that this action be dismissed.

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The thirty day period has now expired, and plaintiff has not filed a second amended complaint.1
Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall assign a district

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judge to this action; and
IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See

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Fed. R. Civ. P. 41(b).
These findings and recommendations will be 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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On January 30, 2017, plaintiff filed a document titled “Notice of Objections to Magistrates,
Clerks Orders, On I.F.P . . .” The contents of the document are unintelligible.
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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 Findings and

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Recommendations.” Plaintiff is advised that failure to file objections within the specified time

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may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th

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Cir. 1991).

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Dated: February 13, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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star1829.fta

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