(PC) Tunstall v. Fox, No. 2:2015cv01806 - Document 8 (E.D. Cal. 2015)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/2/2015 ORDERING the Clerk to assign a district judge to this action. IT IS RECOMMENDED that this action be dismissed without prejudice. Assigned and referred to Judge Garland E. Burrell, Jr.; 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 WILLIAM TUNSTALL, JR., 12 Plaintiff, 13 v. 14 ROBERT FOX, 15 No. 2:15-cv-1806 CKD P ORDER AND FINDINGS AND RECOMMENDATIONS Defendant. 16 17 By order filed October 19, 2015, plaintiff was ordered to file a proper complaint within 18 thirty days or face dismissal of this action. That period has passed, and plaintiff has not filed a 19 complaint or otherwise responded to the court’s order. Nor has plaintiff filed a complete 20 application to proceed in forma pauperis. 21 22 23 24 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall assign a district judge to this action. IT IS HEREBY 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: December 2, 2015 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 2 / tuns1806.fta_fr 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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