Allen v. Jones et al

Filing 25

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/15/2018 ORDERING the Clerk to assign a district judge to this action and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 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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MICHAEL DeWAYNE ALLEN,

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Plaintiff,

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v.

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B. JONES, et al.,

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No. 2:17-cv-1144 KJN P

ORDER & FINDINGS &
RECOMMENDATIONS
Defendants.

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Plaintiff is a former state prisoner, proceeding without counsel, with a civil rights action

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pursuant to 42 U.S.C. § 1983. On December 12, 2017, the undersigned referred this action to the

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Post-Screening ADR (Alternative Dispute Resolution) Project. (ECF No. 21.) The court ordered

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the parties to file, within thirty days, the attached notice informing the court whether they waived

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disqualification of the undersigned to hold the settlement conference. (Id.)

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Thirty days passed from December 12, 2017, and plaintiff did not file the notice regarding

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the settlement judge or otherwise respond to the December 12, 2017 order. On January 12, 2018,

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counsel for defendants filed the notice regarding the settlement judge. (ECF No. 23.)

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Accordingly, on January 18, 2018, the undersigned ordered plaintiff to show cause, within

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fourteen days, for his failure to respond to the December 12, 2017 order. (ECF No. 24.) The

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undersigned cautioned that failure to respond to the January 18, 2018 order would result in a

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recommendation of dismissal of this action. (Id.)
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Fourteen days passed and plaintiff did not respond to the January 18, 2018 order.

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Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall assign a district

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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, the parties may file written

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objections 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.” Failure to file objections

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within the specified time may waive the right to appeal the District Court’s order. Martinez v.

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Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: February 15, 2018

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All1144.fr

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