(PC) TerVeer v. Shazaad et al

Filing 13

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/23/24 randomly REASSIGNING case to District Judge Daniel J. Calabretta and Magistrate Judge Carolyn K. Delaney, new case number: 2:23-cv-3047 DJC CKD (PC); and RECOMMENDING that this case be dismissed without prejudice. Referred to Judge Daniel J. Calabretta; Objections to F&Rs due within 14 days. (Benson, A.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JUSTIN RYAN TERVEER, 12 Plaintiff, 13 14 No. 2:23-cv-3047 CKD P v. SHAZAAD, et al., 15 ORDER AND Defendants. FINDINGS AND RECOMMENDATIONS 16 On September 13, 2024, plaintiff’s complaint was dismissed with leave to amend. In that 17 18 order, plaintiff was warned that failure to file an amended complaint would result in a 19 recommendation that this action be dismissed. The amended complaint was due on October 14, 20 2024, and plaintiff has not filed an amended complaint. 21 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district 22 court judge to this case and IT IS HEREBY RECOMMENDED that this action be dismissed 23 without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after being served with these findings and recommendations, plaintiff may file written objections 27 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 28 ///// 1 1 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 2 time waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 3 Cir. 1991). 4 Dated: October 23, 2024 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 1 terv3047.fta 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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