Johnson v. Tileston et al
Filing
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 4/20/2018 ORDERING this case be randomly assigned to a district court judge and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge William B. Shubb; 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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HERBERT JOHNSON
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No. 2:17-cv-01568 CKD P
Plaintiff,
v.
ORDER AND FINDINGS AND
RECOMMENDATIONS
C. TILESTON, et al.,
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Defendant.
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By order filed February 5, 2018, plaintiff’s first amended complaint was dismissed and
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thirty days leave to file a second amended complaint was granted. The thirty day period has now
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expired, and plaintiff has not filed an amended complaint. While the court notes that plaintiff
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filed a notice of change of address on February 22, 2018 due to a prison transfer, the court has not
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received any additional communication from plaintiff since that date.
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Accordingly, IT IS HEREBY ORDERED that this case be randomly assigned to a district
court judge.
IT IS FURTHER RECOMMENDED that this action be dismissed without prejudice. See
Local Rule 110; Fed. R. Civ. P. 41(b).
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. The 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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Dated: April 20, 2018
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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12/john1568.fta
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