(PC) Blessett v. Fouch et al

Filing 9

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 7/19/21 ORDERING the Clerk of the Court randomly assign a District Court Judge to this action. Also, RECOMMENDING that this action be dismissed without prejudice for failure to prosecute. Assigned and referred to Judge John A. Mendez. Objections due within 21 days.(Plummer, M)

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Case 2:19-cv-01992-JAM-AC Document 9 Filed 07/19/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTOINE LA’MAR BLESSETT, 12 Plaintiff, 13 v. 14 A. FOUCH, et al., 15 No. 2:19-cv-1992 AC P ORDER AND FINDINGS AND RECOMMENDATIONS Defendants. 16 17 On June 8, 2021, the undersigned determined that plaintiff’s complaint failed to state a 18 claim upon which relief may be granted. See ECF No. 5 at 3-5. Plaintiff was granted thirty days 19 leave to file an amended complaint. Id. Thirty days have now passed, and plaintiff has neither 20 filed an amended complaint, nor has he responded to the court’s order in any way. 21 22 23 24 25 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court randomly assign a District Court Judge to this action. IT IS FURTHER RECOMMENDED that this action be DISMISSED without prejudice for failure to prosecute. See Local Rule 110; Fed. R. Civ. P. 41(b). These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one days 27 after being served with these findings and recommendations, plaintiff may file written objections 28 with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 1 Case 2:19-cv-01992-JAM-AC Document 9 Filed 07/19/21 Page 2 of 2 1 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 2 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 3 (9th Cir. 1991). 4 DATED: July 19, 2021 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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