Ayala v. Salazar et al

Filing 14

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 03/18/19 ORDERING the Clerk of the Court shall randomly assign a District Judge to this action. 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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RAYMUNDO JIMENEZ-AYALA,

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Plaintiff,

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No. 2:17-cv-1150 DB P

v.

ORDER AND FINDINGS AND
RECOMMENDATIONS

J. SALAZAR, et al.,

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Defendants.

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Plaintiff is a federal prisoner proceeding pro se in a civil rights action pursuant to Bivens

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vs. Six Unknown Agents, 403 U.S. 388 (1971). Plaintiff alleges defendants failed to provide him

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with adequate medical treatment in violation of the Eighth Amendment.
By order dated November 26, 2018, plaintiff’s first amended complaint was dismissed and

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thirty days leave to file an amended complaint was granted. (ECF No. 11.) Thereafter, plaintiff

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failed to file an amended complaint. On January18, 2019, the court directed plaintiff to file an

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amended complaint within fourteen days and warned him that failure to file an amended

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complaint would result in a recommendation that this action be dismissed. (ECF No. 12.) Those

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fourteen days have now passed, and plaintiff has not filed an amended complaint, updated his

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address, or otherwise responded to the court’s order.

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Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to
randomly assign a district judge to this action.
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: March 18, 2019

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DLB:12
DLB:1/Orders/Prisoner.Civil.Rights/jimi1150.fsc

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