(PC) Jackline v. California Department of Corrections & Rehabilitation et al, No. 2:2008cv02433 - Document 8 (E.D. Cal. 2009)

Court Description: ORDER signed by Judge William B. Shubb on 01/29/2009 ADOPTING 7 FINDINGS and RECOMMENDATIONS. IT IS ORDERED that this action be DISMISSED without prejudice. CASE CLOSED. (Streeter, J)

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(PC) Jackline v. California Department of Corrections & Rehabilitation et al Doc. 8 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DUDLEY JACKLINE, 12 Plaintiff, 13 14 15 No. CIV S-08-2433-CMK-P vs. ORDER CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., Defendants. 16 / 17 This action was opened as a prisoner civil rights complaint based on a letter 18 19 written by plaintiff addressed to District Judge Lawrence K. Karlton.1 The matter was referred 20 to a United States Magistrate Judge pursuant to Eastern District of California local rules. On December 8, 2008, the Magistrate Judge filed findings and recommendations 21 22 herein which were served on the parties and which contained notice that the parties may file 23 objections within a specified time. No objections to the findings and recommendations have 24 been filed. 25 1 26 The court uses the word “plaintiff” only for ease of reference. It is unclear whether any civil action was intended. 1 Dockets.Justia.com 1 The court has reviewed the file de novo, and accepts the Magistrate Judge’s 2 recommendation to dismiss this action without prejudice, not as a sanction for plaintiff’s failure 3 to comply with the court’s order to either file a formal complaint on the form provided by the 4 court or file a request for voluntary dismissal, but because the court construes plaintiff’s inaction, 5 in light of the warning that failure to comply could result in dismissal of the action, to mean that 6 plaintiff has no interest in pursuing this action nnor any objection to its dismissal. 7 Accordingly, IT IS HEREBY ORDERED that this action be, and the same hereby 8 is, DISMISSED without prejudice. 9 DATED: January 29, 2009 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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