(PC) Christian v. California Department of Corrections & Rehabilitation, et al, No. 2:2015cv00541 - Document 12 (E.D. Cal. 2015)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 08/06/15 recommending that this action be dismissed for failure to prosecute. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
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(PC) Christian v. California Department of Corrections & Rehabilitation, et al Doc. 12 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EMMETT WADE CHRISTIAN, 12 13 14 15 16 No. 2:15-cv-0541-JAM-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., Defendants. 17 18 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 19 U.S.C. § 1983. In reviewing the complaint, the court found that the question of proper venue was 20 not apparent from the face of the complaint. Accordingly, on June 29, 2015, the court ordered 21 plaintiff to show cause within thirty days why this action, which appears to be based upon events 22 that arose at the California Men’s Colony, should not be transferred to the United States District 23 Court for the Central District of California. ECF No. 9. 24 The time for acting has passed and plaintiff has failed to respond to the order to show 25 cause. Accordingly, it is hereby recommended that this action be dismissed for failure to 26 prosecute. Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110. 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 Dockets.Justia.com 1 after being served with these findings and recommendations, any party may file written 2 objections with the court and serve a copy on all parties. Such a document should be captioned 3 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 4 within the specified time may waive the right to appeal the District Court’s order. Turner v. 5 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 DATED: August 6, 2015. 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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