(PC) Washington v. Orrick et al, No. 2:2009cv02129 - Document 11 (E.D. Cal. 2010)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 07/15/10 ORDERING the clerk of the court assign a District Judge to the case. U.S. District Judge Lawrence K. Karlton randomly assigned to this action. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Lawrence K. Karlton. Objections due within 21 days. (Plummer, M)

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(PC) Washington v. Orrick et al Doc. 11 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ROBERT WASHINGTON, Plaintiff, NO.C ~ V S-09-2129 KJM P VS. ORRICK, et al., Defendants. ORDER AND FINDINGS & RECOMMENDATIONS By order filed May 14,2010, plaintiffs amended complaint was dismissed and thirty days leave to file a second amended complaint was granted. The thirty day period has now expired, and plaintiff has not filed a second amended complaint or otherwise responded to the court's order. Accordingly, IT IS HEREBY ORDERED that the Clerk of Court assign a District Judge to this case. IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 4 l(b). These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. 5 636(b)(l). Within twenty- one days after being served with these findings and recommendations, plaintiff may file written objections with the court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Plaintiff is advised that failure to file objections within the 1 Dockets.Justia.com specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 95 1 F.2d 1 153 (9th Cir. 199 1). DATED: July 15,2010.

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