-KJN (PC) Perez-Lopez v. Bartels, No. 2:2010cv01291 - Document 6 (E.D. Cal. 2011)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 03/08/11 ORDERING the clerk of the court shall randomly assign a District Judge to this action. U.S. District Judge Kimberly J. Mueller randomly assigned to this action. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 21 days. (Plummer, M)

Download PDF
-KJN (PC) Perez-Lopez v. Bartels Doc. 6 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAVIER PEREZ-LOPEZ, 11 Plaintiff, 12 13 No. 2:10-cv-1291 KJN P vs. S. BARTELS, 14 ORDER and Defendant. 15 FINDINGS AND RECOMMENDATION / 16 By order filed December 6, 2010 (Dkt. No. 4), this court directed plaintiff to 17 complete his application to proceed in forma pauperis or to pay the filing fee; plaintiff was also 18 informed that his original complaint failed to state a potentially cognizable claim, and plaintiff 19 was granted leave to file an amended complaint. Plaintiff was accorded thirty days within which 20 to satisfy these requirements, and was informed that failure to timely comply with the court’s 21 order would result in a recommendation that this action be dismissed. 22 23 More than thirty days have passed, and plaintiff has not communicated with the court by any means. The court construes plaintiff’s inaction as abandonment of this case. 24 Accordingly, the Clerk of Court is ORDERED to randomly assign a district judge 25 //// 26 //// 1 Dockets.Justia.com 1 to this action,1 and 2 3 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. Fed. R. Civ. P. 41(b). 4 These findings and recommendations are submitted to the United States District 5 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 21 days 6 after being served with these findings and recommendations, plaintiff may file written objections 7 with the court. The document should be captioned “Objections to Magistrate Judge's Findings 8 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 9 time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 10 (9th Cir. 1991). 11 DATED: March 8, 2011 12 13 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 14 15 pere1291.f&r.dsms. 16 17 18 19 20 21 22 23 24 25 1 26 This case is referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B), Local General Order No. 262, and Local Rule 302(c). 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.