Roberson v. Smith et al

Filing 21

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 04/10/19 ORDERING the Clerk of the Court assign a District Court Judge to this case. Also, RECOMMENDING that this action be dismissed without prejudice. Assigned and referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH WAYNE ROBERSON,

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No. 2:17-cv-2649 CKD P

Plaintiff,

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v.

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ORDER AND

ALBERT SMITH, et al.,

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FINDINGS AND RECOMMENDATIONS

Defendants.

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By order filed February 21, 2019, plaintiff’s amended complaint was dismissed and thirty-

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days leave to file a second amended complaint was granted. The thirty-day period has now

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expired, and plaintiff has not filed a second amended complaint.1
Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district

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court judge to this case.
IT IS HEREBY 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 after

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Although it appears from the file that plaintiff’s copy of the February 21, 2019 order was
returned, plaintiff was properly served. It is the plaintiff’s responsibility to keep the court
apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents
at the record address of the party is fully effective.
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being served with these findings and recommendations, plaintiff may file written objections with

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the court. The document should be captioned “Objections to Magistrate Judge’s Findings and

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Recommendations.” Plaintiff is advised that failure to file objections within the specified time

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waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir.

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1991).

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Dated: April 10, 2019

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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