(PC) Turner v. Taylor et al, No. 2:2008cv01846 - Document 19 (E.D. Cal. 2010)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 04/30/10 ORDERING the clerk of the court shall assign a district judge to this action. U.S. District Judge Morrison C. England Jr. randomly assigned to this action. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England Jr. Objections due within 21 days. (Plummer, M)

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(PC) Turner v. Taylor et al Doc. 19 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY TURNER, 11 Plaintiff, 12 No. CIV S-08-1846 KJM P vs. 13 FITHIAN TAYLOR, et al., 14 ORDER AND Defendants. FINDINGS AND RECOMMENDATIONS / 15 Plaintiff’s complaint was dismissed and thirty days leave to file an amended 16 17 complaint was granted. The thirty day period has now expired, and plaintiff has not filed an 18 amended complaint or otherwise responded to the court’s order. IT IS THEREFORE ORDERED that the Clerk of the Court assign a district judge 19 20 21 22 to this action. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 23 These findings and recommendations are submitted to the United States District 24 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 25 one days after being served with these findings and recommendations, plaintiff may file written 26 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 1 Dockets.Justia.com 1 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 2 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 3 F.2d 1153 (9th Cir. 1991). 4 DATED: April 30, 2010. 5 6 7 8 2 turn1846.fta 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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