Osorio et al v. Rio Cosumnes Correctional Center

Filing 11

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/21/17 ORDERING the clerk of the court is directed to assign a district judge to this action. U.S. District Judge John A. Mendez randomly assigned to this action. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)

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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 CARLOS DANIEL OSORIO ZUNIGA, 12 13 14 15 16 No. 2:16-cv-2486 KJN P Plaintiff, v. ORDER AND FINDINGS & RECOMMENDATIONS RIO COSUMNES CORRECTIONAL CENTER, Defendant. 17 Plaintiff is an immigration detainee, proceeding pro se and in forma pauperis. By order 18 filed March 7, 2017, plaintiff’s complaint was dismissed and thirty days leave to file an amended 19 complaint was granted. Thirty days from that date have now passed, and plaintiff has not filed an 20 amended complaint, or otherwise responded to the court’s order. 21 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign 22 a district judge to this case; and 23 IT IS RECOMMENDED that this action be dismissed without prejudice. See Local Rule 24 110; Fed. R. Civ. P. 41(b). 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, plaintiff may file written objections 28 1 1 with the court and serve a copy on all parties. Such a document should be captioned 2 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 3 failure to file objections within the specified time may waive the right to appeal the District 4 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 Dated: April 21, 2017 6 7 8 /cw/zuni2486.fta 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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