Thompson v. Lee et al

Filing 10

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/6/2017 ORDERING the Clerk 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 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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DONNELLY THOMPSON,

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No. 2:17-cv-1810 KJN P

Plaintiff,
v.

ORDER AND FINDINGS &
RECOMMENDATIONS

DR. BENJAMIN LEE,
Defendants.

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By order filed September 29, 2017, plaintiff’s complaint was dismissed and thirty days

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leave to file an amended complaint was granted. On November 7, 2017, plaintiff was granted up

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to and including November 27, 2017, in which to file an amended complaint. Thirty days from

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that date have now expired, and plaintiff has not filed an amended complaint or otherwise

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responded to the court’s order.

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Accordingly, 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. 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: December 6, 2017

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/thom1810.fta.ext

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