(PC) Ortiz v. California Deparment of Corrections et al, No. 2:2013cv00617 - Document 11 (E.D. Cal. 2013)

Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/21/2013 DIRECTING the Clerk to assign a district judge to this case; and RECOMMENDING that this action be dismissed without prejudice. Assigned and Referred to Judge William B. Shubb; Objections due within 14 days. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSUE ORTIZ, 12 13 14 15 16 No. 2:13-cv-0617 KJN P Plaintiff, v. ORDER & FINDINGS & RECOMMENDATIONS CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., Defendants. 17 18 By order filed September 4, 2013, plaintiff’s complaint was dismissed and thirty days 19 leave to file an amended complaint was granted. Thirty days from that date have now passed, and 20 plaintiff has not filed an amended complaint, or otherwise responded to the court’s order. 21 22 23 24 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 RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 25 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 fourteen 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 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: October 21, 2013 5 6 /orti0617.fta 7 8 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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