(PC) Ramos v. California Dept of Corrections et al

Filing 15

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 03/24/2023 DIRECTING the Clerk to assign a district judge to this case. District Judge Troy L. Nunley and Magistrate Judge Deborah Barnes assigned for all further pr oceedings. It is RECOMMENDED that this action be dismissed without prejudice. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. New Case Number: 2:22-cv-0004 TLN DB (PC). (Spichka, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE RAMOS,

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Plaintiff,
v.

ORDER AND FINDINGS &
RECOMMENDATIONS

CALIFORNIA DEPT OF
CORRECTIONS,
Defendants.

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No. 2:22-cv-00004 DB P

By order filed September 16, 2022, the court found plaintiff’s complaint did not state a

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claim and granted thirty days leave to file an amended complaint. On November 2, 2022, the
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court granted plaintiff an additional 90 days in which to file an amended complaint. That time
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has expired, and plaintiff has not filed an amended complaint or otherwise responded to the
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court’s order.

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In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is
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directed to assign a district judge to this case; and
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IT IS RECOMMENDED that this action be dismissed without prejudice. See Local Rule
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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 and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that

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failure to file objections within the specified time may waive the right to appeal the District

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Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: March 24, 2023

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DLB7
ramo0004.fta

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