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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DUANE PEYTON LINDER,

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No. 2:17-cv-0941 AC P

Plaintiff,
v.

ORDER AND

CARMALINO GALANG, M.D., et al.,

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FINDINGS AND RECOMMENDATIONS

Defendants.

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Plaintiff is a state prisoner at Mule Creek State Prison who proceeds pro se and in forma

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pauperis with this civil rights action filed pursuant to 42 U.S.C. § 1983. By order filed November

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28, 2017, this court informed plaintiff of the deficiencies in his complaint and the legal standards

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for stating cognizable claims to challenge his medical care. See ECF No. 10. The court

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dismissed plaintiff’s complaint with leave to file a First Amended Complaint (FAC) within thirty

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days, or by December 28, 2017; the court informed plaintiff that “[f]ailure to timely file a FAC

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will result in the dismissal of this action without prejudice.” Id. at 9. This deadline has passed

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but plaintiff has not responded to the court’s order.

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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).
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These findings and recommendations are submitted to the United States District Judge

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assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty one days

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after being served with these findings and recommendations, plaintiff may file written objections

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with the court. Such document should be captioned “Objections to Magistrate Judge’s Findings

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and Recommendations.” Plaintiff is advised that failure to file objections within the specified

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time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153

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(9th Cir. 1991).

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SO ORDERED.
DATED: January 10, 2018

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