(PC) Nguon v. Virga, No. 2:2010cv01104 - Document 11 (E.D. Cal. 2010)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 11/01/10 ORDERING the clerk of the court shall assign a District Judge to this action. U.S. District Judge Morrison C. England Jr. randomly assigned to this action. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England Jr. Objections due within 21 days.(Plummer, M)
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(PC) Nguon v. Virga Doc. 11 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HUNG DUONG NGUON, Plaintiff, 11 vs. 12 13 No. CIV S-10-1104 KJM P TIM V. VIRGA, et al., ORDER AND Defendants. 14 FINDINGS & RECOMMENDATIONS / 15 On August 30, 2010, plaintiff’s motion for reconsideration was granted, this case 16 17 was reopened and plaintiff was served with the court’s June 14, 2010 Order granting plaintiff 18 thirty days to file an amended complaint. The thirty day period has now expired, and plaintiff 19 has not filed an amended complaint or otherwise responded to the court’s order. IT IS HEREBY ORDERED that the Clerk of Court assign a district judge to this 20 21 22 23 case. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 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 one 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: November 1, 2010. 6 7 8 nguo1104.ord 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2