(PC) Langston v. Fox et al, No. 2:2016cv01912 - Document 7 (E.D. Cal. 2016)
Court Description: ORDER signed by Magistrate Judge Kendall J. Newman on 9/8/2016 ORDERING the Clerk to remove the district judge assignment; the undersigned ADOPTS the 8/19/2016 findings and recommendations 4 ; and this action is DISMISSED without prejudice. CASE CLOSED. (cc: GEB)(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 WALTER LANGSTON, 12 Plaintiff, 13 14 No. 2:16-cv-1912 KJN P v. ORDER WARDEN ROBERT A. FOX, et al., 15 Defendants. 16 Plaintiff is a state prisoner, proceeding pro se. On August 19, 2016, the undersigned 17 18 recommended that this action be dismissed as duplicative of plaintiff’s complaint in case No. 19 2:15-cv-1500 CMK. On August 25, 2016, plaintiff consented to proceed before the undersigned 20 for all purposes. See 28 U.S.C. § 636(c). On September 1, 2016, plaintiff did not file objections, 21 but filed a request to explain the delay in Case No. 2:15-cv-1500 CMK. Plaintiff’s request was 22 filed in both this case and Case No. 2:15-cv-1500 CMK, and plaintiff’s request is more 23 appropriately addressed in Case No. 2:15-cv-1500 CMK. 24 Accordingly, IT IS HEREBY ORDERED that: 25 1. The Clerk of the Court shall remove the district judge assignment; 26 2. The undersigned adopts the August 19, 2016 findings (ECF No. 4); and 27 //// 28 //// 1 1 2 3. This action is dismissed without prejudice. See Fed. R. Civ. P. 41(b). Dated: September 8, 2016 3 4 5 lang1912.23jo 6 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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