-KJN (PC) Pelaske v. Khoronov et al, No. 2:2011cv00757 - Document 6 (E.D. Cal. 2011)

Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/3/2011 ORDERING the clerk to assign a District Judge to this action; and RECOMMENDING that this action be dismissed w/out prejudice. Assigned and Referred to Judge Kimberly J. Mueller; Objections due w/in 14 days. (Yin, K)
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-KJN (PC) Pelaske v. Khoronov 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 JONOTHAN EDWIN PELASKE, 11 12 13 14 Plaintiff, vs. MICHAEL KHORONOV, et al., ORDER AND Defendants. 15 16 No. 2: 11-cv-0757 KJN P FINDINGS & RECOMMENDATIONS / By order filed March 25, 2011, plaintiff’s complaint was dismissed and thirty days 17 leave to file an amended complaint was granted. Thirty days from that date have now expired, 18 and plaintiff has not filed an amended complaint or otherwise responded to the court’s order. 19 20 21 22 23 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall assign a District Judge to this action; and IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 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 fourteen 25 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.” Any response to the objections shall be filed and served 2 within fourteen days after service of the objections. Plaintiff is advised that failure to file 3 objections within the specified time may waive the right to appeal the District Court’s order. 4 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 DATED: May 3, 2011 6 7 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 8 9 pel757.fta 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2