(PC)Brown v. State of California et al, No. 2:2012cv03045 - Document 16 (E.D. Cal. 2013)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 11/08/13 ORDERING that the clerk of the court is directed to assign a District Judge to this case. U.S. District Judge Morrison C. England Jr. randomly assigned to this case. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England Jr. Objections due within 21 days. (Plummer, M)

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(PC)Brown v. State of California et al Doc. 16 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DEXTER BROWN, 12 13 14 15 No. 2:12-cv-03045 AC (PC) Plaintiff, v. ORDER AND FINDINGS & RECOMMENDATIONS STATE OF CALIFORNIA, et al., Defendants. 16 17 By order filed October 2, 2013, plaintiff’s first and second amended complaints were 18 dismissed and thirty days leave to file a third amended complaint was granted. Thirty days from 19 that date have now passed, and plaintiff has not filed a third amended complaint, or otherwise 20 responded to the court’s order. 21 22 23 24 25 Accordingly, 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). These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one days 27 after being served with these findings and recommendations, plaintiff may file written objections 28 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 1 Dockets.Justia.com 1 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 2 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 3 (9th Cir. 1991). 4 DATED: November 8, 2013 5 6 7 8 brow3045.fta 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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