(PC) Stringfellow v. Price et al, No. 2:2015cv01314 - Document 10 (E.D. Cal. 2015)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/31/2015 DIRECTING the Clerk to assign a district judge to this cas; AND RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Kimberly J. Mueller; 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 ROBERT STRINGFELLOW, 12 13 14 No. 2:15-cv-1314 KJN P Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATIONS WARDEN PRICE, et al., 15 Defendants. 16 17 By an order filed July 21, 2015, this court ordered plaintiff to complete and return to the 18 court, within thirty days, the USM-285 forms necessary to effect service on defendants, or to 19 submit an amended complaint. That thirty day period has since passed, and plaintiff has not 20 responded to the court’s order. 21 22 23 24 25 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 Fed. R. Civ. P. 41(b). These findings and recommendations will be 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 Findings and 1 1 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 2 may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 3 Cir. 1991). 4 Dated: August 31, 2015 5 6 7 /stri1314.fusm 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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