Lopez v. California Hospital Care Facility

Filing 13

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/21/2017 ORDERING Clerk of Court to assign a district judge to this case and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Morrison C. England, Jr. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EUTIMIO LOPEZ,

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No. 2:17-cv-1533 KJN P

Plaintiff,
v.

ORDER AND FINDINGS &
RECOMMENDATIONS

CALIFORNIA HOSPITAL CARE
FACILITY,
Defendant.

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By order filed October 12, 2017, plaintiff’s amended complaint was dismissed and thirty

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days leave to file a second amended complaint was granted. Thirty days from that date have now

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passed, and plaintiff has not filed a second amended complaint, or otherwise responded to the

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court’s order.

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In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is
directed to assign a district judge to this case; and
IT IS 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: November 21, 2017

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/lope1533.fta

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