Kirby v. Franklin

Filing 12

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/19/2018 ORDERING Clerk of Court to assign a district court judge to this case and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Morrison C. England, Jr. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PATRICK M. KIRBY,

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No. 2:17-cv-2112 CKD P

Plaintiff,
v.

ORDER AND

FRANKLIN,

FINDINGS AND RECOMMENDATIONS
Defendant.

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On November 8, 2017, plaintiff’s complaint was dismissed with leave to amend. The time

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allotted to plaintiff to file an amended complaint has expired and plaintiff has not filed an

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amended complaint.

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Accordingly, IT IS HEREBY ORDERED that he Clerk of the Court assign a district court
judge to this case; and
IT IS HEREBY 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: January 19, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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kirb2112.fta

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