(PC) Vandenburgh v. Hendrix et al, No. 2:2009cv01307 - Document 9 (E.D. Cal. 2010)
Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 1/15/2010 ORDERING the clerk to randomly assign a US District Judge to this action; and RECOMMENDING that this action be dismissed w/out prejudice. Assigned and Referred to Judge Lawrence K. Karlton; Objections to F&R w/in 21 days. (Yin, K)
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(PC) Vandenburgh v. Hendrix et al Doc. 9 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARK J. VANDENBURGH, 11 12 13 14 15 16 Plaintiff, No. CIV S-09-1307 DAD P vs. ANDREW HENDRIX, et al., ORDER AND Defendants. FINDINGS AND RECOMMENDATIONS / By order filed December 3, 2009, plaintiff’s complaint was dismissed and thirty 17 days leave to file an amended complaint was granted. The thirty day period has now expired, and 18 plaintiff has not filed an amended complaint or otherwise responded to the court’s order. 19 20 21 22 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to randomly assign a United States District Judge to this action; 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: January 15, 2010. 5 6 7 8 DAD:lg vand1307.fta 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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