(PC) Simmons v. Lincoln, No. 2:2014cv00759 - Document 6 (E.D. Cal. 2014)

Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/14/2014 ORDERING the Clerk to assign a district judge to this action; 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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(PC) Simmons v. Lincoln Doc. 6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALTON L. SIMMONS, 12 13 14 15 No. 2:14-cv-0759 KJN P Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATIONS S. LINCOLN, Defendant. 16 17 By order filed April 2, 2014, plaintiff’s complaint was dismissed and thirty days leave to 18 file an amended complaint was granted. Thirty days from that date have now passed, and 19 plaintiff has not filed an amended complaint, or otherwise responded to the court’s order. 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). 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after being served with these findings and recommendations, plaintiff may file written objections 27 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 28 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 1 Dockets.Justia.com 1 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 2 (9th Cir. 1991). 3 Dated: May 14, 2014 4 5 Sim759.fta 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2