Buck v. California Dept of Corrections

Filing 7

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/13/2018 DIRECTING the Clerk 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 to F&R due within 14 days. (Yin, K)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ELVIN RAY BUCK, 12 Petitioner, 13 14 15 No. 2:18-cv-0197 KJN P v. ORDER AND FINDINGS AND RECOMMENDATIONS CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., Respondents. 16 17 18 Petitioner is a state prisoner, proceeding without counsel. By order filed February 5, 19 2018, the instant petition was dismissed, and petitioner was granted thirty days in which to file 20 the appropriate pleading and one that bears his signature. Petitioner was cautioned that failure to 21 file such pleading may result in the dismissal of this action. Thirty days have now passed, and 22 petitioner has not filed an amended pleading or otherwise responded to the court’s order. 23 24 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign a district judge to this case; and 25 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See 26 Local Rule 110; Fed. R. Civ. P. 41(b). 27 //// 28 1 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 3 after being served with these findings and recommendations, petitioner may file written 4 objections with the court and serve a copy on all parties. Such a document should be captioned 5 “Objections to Magistrate Judge’s Findings and Recommendations.” Petitioner is advised that 6 failure to file objections within the specified time may waive the right to appeal the District 7 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 8 Dated: March 13, 2018 9 10 11 /cw/buck0197.156 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?