(PC) Orozco v. Brown, No. 2:2014cv01404 - Document 14 (E.D. Cal. 2014)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/16/14 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Dillon, M)

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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 HERNAN OROZCO, 12 13 No. 2:14-cv-1404 MCE CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS 14 EDMUND G. BROWN, JR., 15 Defendant. 16 17 By order filed November 5, 2014, plaintiff’s complaint was dismissed and thirty days 18 leave to file an amended complaint was granted. The thirty day period has now expired, and 19 plaintiff has not filed an amended complaint. Rather, he has filed a copy of a petition he recently 20 filed in the Northern District of California requesting a writ of mandamus (ECF No. 13), similar 21 to the request previously addressed by this court. (ECF Nos. 7, 11.) From the record it does not 22 appear that plaintiff wishes to proceed with this individual civil rights action, but seeks relief in 23 the Northern District as a purported third-party beneficiary in the Plata and/or Coleman class 24 actions. (See ECF No. 13.) 25 26 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 27 These findings and recommendations are submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 1 1 after being served with these findings and recommendations, plaintiff may file written objections 2 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 3 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 4 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 5 (9th Cir. 1991). 6 Dated: December 16, 2014 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 2 / oroz1404.fta_fr 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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