-KJN (PC) Calloway v. Sacramento County Sheriff's Department et al, No. 2:2011cv00407 - Document 7 (E.D. Cal. 2011)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 03/29/11 ORDERING the clerk of the court is directed to assign a district judge to this case. U.S. District Judge John A. Mendez randomly assigned to this case. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 21 days.(Plummer, M)

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-KJN (PC) Calloway v. Sacramento County Sheriff's Department et al Doc. 7 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DALE CALLOWAY, 11 12 13 14 15 16 Plaintiff, No. 2:11-cv-0407 KJN P vs. SCOTT JONES, et al., ORDER AND Defendants. FINDINGS & RECOMMENDATIONS / By order filed February 18, 2011, plaintiff’s complaint was dismissed and thirty 17 days 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 20 21 22 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign a district judge to this case; and IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 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 one days after being served with these findings and recommendations, plaintiff may file written 26 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 1 Dockets.Justia.com 1 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 2 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 3 F.2d 1153 (9th Cir. 1991). 4 DATED: March 29, 2011 5 6 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 7 8 call0407.fta 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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