Johnson v. Fox

Filing 32

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 6/7/2017 RECOMMENDING this action be dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)

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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 HERBERT JOHNSON, 12 Plaintiff, 13 14 No. 2:16-cv-2492 JAM DB P v. FINDINGS AND RECOMMENDATIONS ROBERT W. FOX, 15 Defendant. 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. Upon screening, the court found plaintiff’s complaint failed to 19 allege a potentially cognizable claim for relief against any defendant. (ECF No. 26.) Plaintiff 20 was given the opportunity to file an amended complaint. In March 2017, plaintiff requested a 21 sixty-day extension of time to file an amended complaint. The court granted that request on 22 March 20, 2017. (ECF No. 30.) On May 15, plaintiff filed a document with the court entitled “Motion to Close Case.” 23 24 Therein, plaintiff states that he is now in disciplinary segregation and “this is a whole different 25 case now.” (ECF No. 31.) It appears that plaintiff wishes to dismiss this action. Defendants 26 have not made an appearance. Therefore, pursuant to Fed. R. Civ. P. 41(a), plaintiff’s request 27 shall be honored. 28 //// 1 1 2 3 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. These findings and recommendations will be 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 result in waiver of the right to appeal the district court’s order. Martinez v. Ylst, 951 9 F.2d 1153 (9th Cir. 1991). 10 Dated: June 7, 2017 11 12 13 14 15 DLB:9 DLB1/prisoner-civil rights/John2492.59 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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