Callender v. Beckel, et al.
Filing
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 05/02/18 ORDERING that a District Court Judge be randomly assigned to this case. Also, RECOMMENDING that this action be dismissed without prejudice. Assigned and referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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VINCENT ANTHONY CALLENDER,
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No. 2:17-cv-00274 CKD P
Plaintiff,
v.
ORDER AND FINDINGS AND
RECOMMENDATIONS
DR. BECKEL, et al.,
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Defendants.
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By order filed January 19, 2018, plaintiff’s first amended complaint was dismissed for
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failing to state a claim. Plaintiff was granted leave to file a second amended complaint within
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thirty days. ECF No. 16. After two extensions of time, plaintiff has not filed a second amended
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complaint and the timeframe to do so has now expired. See ECF Nos. 18, 20.
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Accordingly, IT IS HEREBY ORDERED that a district court judge be randomly assigned
to this case.
IT IS FURTHER RECOMMENDED that this action be dismissed without prejudice. See
Local Rule 110; Fed. R. Civ. P. 41(b).
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These findings and recommendations are 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 after
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being served with these findings and recommendations, plaintiff may file written objections with
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the court. The document should be captioned “Objections to Magistrate Judge’s Findings and
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Recommendations.” Plaintiff is advised that failure to file objections within the specified time
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waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir.
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1991).
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Dated: May 2, 2018
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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Call0274.fta.nca
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