Linder v. Galang et al

Filing 13

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 1/10/2018 ORDERING the Clerk to randomly assign a district judge to this action and RECOMMENDING the instant action be dismissed. Assigned and referred to Judge John A. Mendez; Objections to F&R due within 21 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 DUANE PEYTON LINDER, 12 13 14 No. 2:17-cv-0941 AC P Plaintiff, v. ORDER AND CARMALINO GALANG, M.D., et al., 15 FINDINGS AND RECOMMENDATIONS Defendants. 16 17 Plaintiff is a state prisoner at Mule Creek State Prison who proceeds pro se and in forma 18 pauperis with this civil rights action filed pursuant to 42 U.S.C. § 1983. By order filed November 19 28, 2017, this court informed plaintiff of the deficiencies in his complaint and the legal standards 20 for stating cognizable claims to challenge his medical care. See ECF No. 10. The court 21 dismissed plaintiff’s complaint with leave to file a First Amended Complaint (FAC) within thirty 22 days, or by December 28, 2017; the court informed plaintiff that “[f]ailure to timely file a FAC 23 will result in the dismissal of this action without prejudice.” Id. at 9. This deadline has passed 24 but plaintiff has not responded to the court’s order. 25 26 27 28 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall randomly assign a district judge to this action. This court recommends that the instant action be dismissed without prejudice. See Fed. R. Civ. P. 41(b). 1 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty one days 3 after being served with these findings and recommendations, plaintiff may file written objections 4 with the court. Such document should be captioned “Objections to Magistrate Judge’s Findings 5 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 6 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 7 (9th Cir. 1991). 8 9 SO ORDERED. DATED: January 10, 2018 10 11 12 13   14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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