Morris v. CSP-Sacramento et al

Filing 24

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 10/16/2019 ORDERING the Clerk to randomly assign a District Court Judge to this action and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Kimberly J. Mueller; 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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ORVILLE M. MORRIS,

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No. 2:17-cv-2286 AC P

Plaintiff,

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v.

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ORDER AND FINDINGS AND
RECOMMENDATIONS

CSP-SACRAMENTO, et al.,

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Defendants.

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By order issued June 6, 2019, plaintiff’s complaint was dismissed, and thirty days leave to

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file an amended complaint was granted. ECF No. 17. On July 9, 2019, plaintiff was granted an

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additional sixty days within which to file an amended complaint. ECF No. 21. Sixty days from

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that date have now expired, and plaintiff has not filed an amended complaint.1
Accordingly, IT IS HEREBY ORDERED that the Clerk of Court randomly assign a

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District Court Judge to this action.
IT IS FURTHER RECOMMENDED that this action be dismissed without prejudice. See

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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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Plaintiff’s motion to appoint counsel, filed August 29, 2019, was denied on September 5, 2019.
ECF Nos. 22, 23, respectively.
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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: October 16, 2019

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