(PC) Tunstall v. State of California et al, No. 2:2011cv02587 - Document 7 (E.D. Cal. 2011)

Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 12/13/2011 ORDERING the clerk to assign a district judge to this case; and RECOMMENDING that this action be dismissed without prejudice. Assigned and Referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Yin, K)
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(PC) Tunstall v. State of California 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 ROBERT TUNSTALL, 11 Plaintiff, 12 13 14 vs. STATE OF CALIFORNIA, et. al., ORDER & Defendants. 15 16 No. CIV S-11-2587 GGH P FINDINGS AND RECOMMENDATIONS / By order filed October 21, 2011, plaintiff’s complaint was dismissed and twenty- 17 eight days leave to file an amended complaint was granted. Twenty-eight days from that date 18 have now expired, and plaintiff has not filed an amended complaint or otherwise responded to 19 the court’s order. 20 IT IS HEREBY ORDERED that the Clerk shall assign a district judge to this case. 21 IT IS HEREBY RECOMMENDED that this action be dismissed without 22 23 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 Title 28 U.S.C. § 636(b)(l). Within 25 fourteen (14) days after being served with these findings and recommendations, plaintiff may file 26 written objections with the court. The document should be captioned “Objections to Magistrate 1 Dockets.Justia.com 1 Judge’s Findings and Recommendations.” Any response to the objections shall be filed and 2 served 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 DATED: December 13, 2011 5 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 6 7 GGH: AB tuns2587.fta 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2