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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBIN GILLEN STARR, 12 Plaintiff, 13 14 v. No. 2:16-cv-1829 CKD P ORDER and FINDINGS AND RECOMMENDATIONS UNITED STATES, et al., 15 Defendants. 16 By order filed January 4, 2017, plaintiff’s amended complaint was dismissed and thirty 17 18 days leave to file a second amended complaint was granted. Plaintiff was warned that failure to 19 file a second amended complaint would result in a recommendation that this action be dismissed. 20 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 21 22 judge to this action; and IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See 23 24 Fed. R. Civ. P. 41(b). These findings and recommendations will be submitted to the United States District Judge 25 26 27 28 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 1 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. 1 1 after being served with these findings and recommendations, plaintiff may file written objections 2 with the court. The document should be captioned “Objections to Findings and 3 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 4 may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 5 Cir. 1991). 6 Dated: February 13, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 1 star1829.fta 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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