(PC) Phillips v. Fisherman et al, No. 2:2009cv03266 - Document 15 (E.D. Cal. 2010)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 06/01/10 ORDERING the clerk of the court shall randomly assign a U.S. District Judge to this action. U.S. District Judge Garland E. Burrell randomly assigned to this action. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell. Objections due within 21 days. (Plummer, M)
Download PDF
<![CDATA[
(PC) Phillips v. Fisherman et al Doc. 15 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHARLES PHILLIPS, 11 Plaintiff, 12 13 14 No. CIV S-09-3266 DAD P vs. L. FISHERMAN, et al., ORDER AND Defendants. 15 FINDINGS & RECOMMENDATIONS / 16 By order filed February 9, 2010, plaintiff’s original complaint was dismissed and 17 thirty days leave to file an amended complaint was granted. The court has since granted plaintiff 18 several extensions of time to file an amended complaint. Most recently, on April 23, 2010, the 19 court granted plaintiff thirty days leave to file an amended complaint and cautioned plaintiff that 20 failure to do so would result in a recommendation that this action be dismissed. The thirty day 21 period has now expired, and plaintiff has still not filed an amended complaint or otherwise 22 responded to the court’s order. 23 24 25 26 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court is directed to randomly assign a United States District Judge to this action. Also, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 1 Dockets.Justia.com 1 These findings and recommendations are submitted to the United States District 2 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 3 one days after being served with these findings and recommendations, plaintiff may file written 4 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 5 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 6 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 7 F.2d 1153 (9th Cir. 1991). 8 DATED: June 1, 2010. 9 10 11 12 13 DAD:sj phil3266.fta 14 15 16 17 18 19 20 21 22 23 24 25 26 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
