(PC) Johnson v. Sacramento County et al, No. 2:2010cv02508 - Document 6 (E.D. Cal. 2010)

Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 12/2/2010 ORDERING the clerk to assign this action to a US District Judge; and RECOMMENDING that this action be dismissed w/out prejudice. Assigned and Referred to Judge Garland E. Burrell, Jr.; Objections due w/in 14 days. (Yin, K)
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(PC) Johnson v. Sacramento County 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 SHERMAN JOHNSON, JR., 11 Plaintiff, 12 13 No. 2:10-cv-2508 JFM (PC) vs. SACRAMENTO COUNTY, et al., 14 ORDER AND Defendants. 15 FINDINGS & RECOMMENDATIONS / 16 By order filed October 18, 2010, this action was construed as a civil rights action 17 pursuant to 42 U.S.C. § 1983, plaintiff’s complaint was dismissed, and plaintiff was granted 18 thirty days in which to file a completed application to proceed in forma pauperis and an amended 19 civil rights complaint. The thirty day period has now expired, and plaintiff has not filed an in 20 forma pauperis application or an amended complaint, and has not otherwise responded to the 21 court’s order. 22 23 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign this action to a United States District Judge; and 24 IT IS HEREBY RECOMMENDED that this action be dismissed without 25 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 26 ///// 1 Dockets.Justia.com 1 These findings and recommendations are submitted to the United States District 2 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 3 days after being served with these findings and recommendations, plaintiff may file written 4 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 5 Findings and Recommendations.” Any response to the objections shall be filed and served 6 within fourteen days after service of the objections. Plaintiff is advised that failure to file 7 objections within the specified time may waive the right to appeal the District Court’s order. 8 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 DATED: December 2, 2010. 10 11 12 13 14 12 john2508.fta 15 16 17 18 19 20 21 22 23 24 25 26 2