(PC) Quinnine v. Swarthout, No. 2:2012cv02491 - Document 9 (E.D. Cal. 2012)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 12/19/12 ORDERING that the Clerk of the Court randomly assign a United States District Judge to this case. It is RECOMMENDED that this action be dismissed. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
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(PC) Quinnine v. Swarthout Doc. 9 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANDRE QUINNINE, Plaintiff, 11 12 vs. 13 No. 2:12-cv-2491 EFB P G. SWARTHOUT, ORDER AND FINDINGS AND RECOMMENDATIONS Defendant. 14 / 15 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 17 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 18 U.S.C. § 636(b)(1). On November 13, 2012, the court dismissed plaintiff’s complaint with leave 19 to amend. The dismissal order explained the complaint’s deficiencies, gave plaintiff 30 days to 20 file an amended complaint correcting those deficiencies, and warned plaintiff that failure to file 21 an amended complaint would result in a recommendation that this action be dismissed. The 30- 22 day period has expired and plaintiff has not filed an amended complaint or otherwise responded 23 to the court’s order. Accordingly, it is hereby ORDERED that the Clerk of the Court randomly assign a 24 25 United States District Judge to this case. 26 //// 1 Dockets.Justia.com 1 2 Further, it is hereby RECOMMENDED that this action be DISMISSED. Fed. R. Civ. P. 41(b); E. D. Cal. Local Rule 110, 183(b). 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, any party may file written 6 objections with the court and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 8 within the specified time may waive the right to appeal the District Court’s order. Turner v. 9 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 Dated: December 19, 2012. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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