Maquinales v. Spearman et al

Filing 11

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/26/18 ORDERING the Clerk of Court randomly assign a District Judge to this case. Also, RECOMMENDING that this action be dismissed without prejudice. Assigned and referred to Judge Kimberly J. Mueller. 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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RICHARD MAQUINALES

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No. 2:18-cv-00489 CKD P

Plaintiff,
v.

ORDER AND

SPEARMAN, et al.,

FINDINGS AND RECOMMENDATIONS

Defendant.

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By order filed October 10, 2018, plaintiff’s complaint was dismissed and thirty days leave

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to file an amended complaint was granted. The thirty day period has now expired, and plaintiff

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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 Court randomly assign this
case to a district court judge.
IT IS FURTHER 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: November 26, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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12/maqu0489.fta.docx

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