(PC) Evans v. California Department of Corrections, et al, No. 2:2009cv00420 - Document 6 (E.D. Cal. 2009)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 11/19/09 ORDERING that Clerk is directed to assign a district judge to this case; RECOMMENDING that this action be dismissed without prejudice. Randomly assigned and referred to Judge Frank C. Damrell, Jr.; Objections to F&R due within 20 days.(Dillon, M)
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(PC) Evans v. California Department of Corrections, et al Doc. 6 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GABRIEL ANTONIO EVANS, Plaintiff, 11 12 13 No. CIV S-09-0420 KJM P vs. CALIFORNIA DEPARTMENT OF, CORRECTIONS, et al., ORDER AND 14 Defendants. FINDINGS & RECOMMENDATIONS 15 / 16 By order filed July 21, 2009, plaintiff’s complaint was dismissed and thirty days 17 leave to file an amended complaint was granted. The thirty day period has now expired, and 18 plaintiff has not filed an amended complaint or otherwise responded to the court’s order. 19 Accordingly, IT IS HEREBY ORDERED that the clerk of court assign a district 20 judge to this case. 21 IT IS HEREBY RECOMMENDED that this action be dismissed without 22 prejudice. See Local Rule 11-110; Fed. R. Civ. P. 41(b). 23 These findings and recommendations are submitted to the United States District 24 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty 25 days after being served with these findings and recommendations, plaintiff may file written 26 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: November 19, 2009. 6 7 8 4 evan0420.fta 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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