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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DONNELLY THOMPSON, 12 13 14 15 No. 2:17-cv-1810 KJN P Plaintiff, v. ORDER AND FINDINGS & RECOMMENDATIONS DR. BENJAMIN LEE, Defendants. 16 17 By order filed September 29, 2017, plaintiff’s complaint was dismissed and thirty days 18 leave to file an amended complaint was granted. On November 7, 2017, plaintiff was granted up 19 to and including November 27, 2017, in which to file an amended complaint. Thirty days from 20 that date have now expired, and plaintiff has not filed an amended complaint or otherwise 21 responded to the court’s order. 22 23 24 25 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). 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, plaintiff may file written objections 1 1 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 2 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 3 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 4 (9th Cir. 1991). 5 Dated: December 6, 2017 6 7 /thom1810.fta.ext 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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