(PC) Davis v. Soltainian et al, No. 2:2016cv02079 - Document 9 (E.D. Cal. 2016)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/1/2016 ORDERING the Clerk to assign a district judge to this action; AND RECOMMENDING that this action be dismissed without prejudice. Assigned and referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Yin, K)

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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 DANIEL DAVIS, 12 Plaintiff, 13 14 No. 2:16-cv-2079 CKD P v. ORDER AND SOLTAINIAN, et al., 15 FINDINGS AND RECOMMENDATIONS Defendants. 16 On October 19, 2016, plaintiff’s complaint was dismissed for failure to state a claim, and 17 18 he was granted thirty days to file an amended complaint. (ECF No. 6.) Plaintiff was advised that 19 failure to file an amended complaint would result in dismissal of this action. (Id.) The thirty days 20 has passed, and plaintiff has not filed an amended complaint. Accordingly, IT IS HEREBY ORDERED that the Clerk of Court assign a district judge to 21 22 this action. IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See 23 24 Local Rule 110; Fed. R. Civ. P. 41(b). 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, plaintiff may file written objections 28 //// 1 1 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 2 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 3 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 4 (9th Cir. 1991). 5 Dated: December 1, 2016 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 2 / davi2079.fta_fr 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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