(PC) Salas v. Kelso, No. 2:2020cv01195 - Document 20 (E.D. Cal. 2020)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/16/2020 ORDERING Clerk randomly assign this matter to a district court judge and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)

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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 ALEJANDRO SALAS, 12 13 14 15 No. 2:20-cv-01195-CKD Plaintiff, v. ORDER AND J. CLARK KELSO, FINDINGS AND RECOMMENDATIONS Defendant. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this federal civil 18 rights action filed pursuant to 42 U.S.C. § 1983. This proceeding was referred to this court by 19 Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). 20 By order filed November 5, 2020, plaintiff’s complaint was dismissed and thirty days 21 leave to file an amended complaint was granted. The thirty-day period has now expired, and 22 plaintiff has not filed an amended complaint. 23 24 25 26 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court randomly assign this matter to a district court judge. IT IS FURTHER RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 27 These findings and recommendations are submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 1 1 after being served with these findings and recommendations, plaintiff may file written objections 2 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 3 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 4 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 5 (9th Cir. 1991). 6 Dated: December 16, 2020 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 12/sala1195.fta.docx 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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