Evans v. California Department of Corrections & Rehabilitation

Filing 12

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/6/2017 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 John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)

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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 RICHARD ANTHONY EVANS, 12 Plaintiff, 13 14 15 No. 2:17-cv-1891 KJN P v. ORDER and FINDINGS & RECOMMENDATIONS CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, 16 Defendant. 17 By order filed October 30, 2017, plaintiff’s complaint was dismissed and thirty days leave 18 19 to file an amended complaint was granted. Thirty days from that date have now passed, and 20 plaintiff has not filed an amended complaint, or otherwise responded to the court’s order. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 21 22 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). IT IS HEREBY ORDERED that the Clerk of Court shall assign a district judge to this 23 24 case. 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, plaintiff may file written objections 28 with the court and serve a copy on all parties. Such a document should be captioned 1 1 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 2 failure to file objections within the specified time may waive the right to appeal the District 3 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 Dated: December 6, 2017 5 6 7 /eva1891.fta 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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