(PC) Lewis v. Antonen et al, No. 2:2008cv01764 - Document 26 (E.D. Cal. 2009)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 7/24/09 ORDERING that the clerk of the court assign a district court judge to this case. IT IS RECOMMENDED that this action be dismissed without prejudice. Objections due within 20 days after being served with these findings and recommendations. (Duong, D)
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(PC) Lewis v. Antonen et al Doc. 26 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARONTA LEWIS, Plaintiff, 11 vs. 12 13 No. CIV S-08-1764 KJM P CHARLES ANTONEN, et al., ORDER AND Defendants. 14 FINDINGS & RECOMMENDATIONS / 15 By order filed May 21, 2009, plaintiff’s complaint was dismissed and thirty days 16 17 leave to file a second amended complaint was granted. The thirty day period has now expired, 18 and plaintiff has not filed a second amended complaint or otherwise responded to the court’s 19 order. 20 21 22 23 Accordingly, IT IS HEREBY ORDERED that the clerk of the court assign a district court judge to this case. IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 11-110; Fed. R. Civ. P. 41(b). 24 These findings and recommendations are submitted to the United States District 25 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty 26 days after being served with these findings and recommendations, plaintiff may file written 1 Dockets.Justia.com 1 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 2 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 3 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 4 F.2d 1153 (9th Cir. 1991). 5 DATED: July 24, 2009. 6 7 lewi1764.fta 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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