Price v. Ebler, et al.

Filing 15

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 7/20/2020 DIRECTING the Clerk to randomly assign a District Judge. District Judge John A. Mendez added. It is hereby RECOMMENDED that this action be dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these Findings and Recommendations. (Tupolo, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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IMMANUEL CHRISTIAN PRICE,

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No. 2:17-cv-2020 AC P

Plaintiff,
v.

ORDER AND FINDINGS &
RECOMMENDATIONS

EBLER,
Defendant.

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By order filed April 21, 2020, plaintiff’s complaint was dismissed for failure to state a

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claim and plaintiff was granted thirty days to file an amended complaint. ECF No. 13. On June

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10, 2020, after plaintiff failed to file an amended complaint, he was granted an additional twenty-

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one days in which to do so. ECF No. 14. Twenty-one days from that date have now expired, and

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plaintiff has not filed an amended complaint or otherwise responded to the court’s order.

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Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall randomly
assign a United States District Judge to this action.
IT IS FURTHER RECOMMENDED that this action be dismissed without prejudice. See
L.R. 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: July 20, 2020

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