Licon v. Smiley et al

Filing 7

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 08/15/17 ORDERING the Clerk of the Court shall appoint a District Judge to this action. U.S. District Judge Morrison C. England Jr. randomly assigned to this action. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England Jr. 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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FRANKIE LICON,

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No. 2: 17-cv-1063 KJN P

Plaintiff,
v.

ORDER & FINDINGS &
RECOMMENDATIONS

W. DAVID SMILEY, et al.,
Defendants.

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By order filed July 7, 2013, plaintiff’s complaint was dismissed and thirty days leave to

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file an amended complaint was granted. Thirty days from that date have now passed, and

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plaintiff has not filed an amended complaint, or otherwise responded to the court’s order.

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Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall appoint a
district judge to this action; and
IT IS HEREBY 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 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 and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that
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failure to file objections within the specified time may waive the right to appeal the District

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Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: August 15, 2017

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Lic1063.fta

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