(PC) Callender v. Beckel, et al., No. 2:2017cv00274 - Document 21 (E.D. Cal. 2018)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 05/02/18 ORDERING that a District Court Judge be randomly assigned to this case. Also, RECOMMENDING that this action be dismissed without prejudice. Assigned and referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, 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 VINCENT ANTHONY CALLENDER, 12 13 14 No. 2:17-cv-00274 CKD P Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATIONS DR. BECKEL, et al., 15 Defendants. 16 17 By order filed January 19, 2018, plaintiff’s first amended complaint was dismissed for 18 failing to state a claim. Plaintiff was granted leave to file a second amended complaint within 19 thirty days. ECF No. 16. After two extensions of time, plaintiff has not filed a second amended 20 complaint and the timeframe to do so has now expired. See ECF Nos. 18, 20. 21 22 23 24 Accordingly, IT IS HEREBY ORDERED that a district court judge be randomly assigned to this case. IT IS FURTHER 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 after 27 being served with these findings and recommendations, plaintiff may file written objections with 28 the court. The document should be captioned “Objections to Magistrate Judge’s Findings and 1 1 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 2 waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 3 1991). 4 Dated: May 2, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 Call0274.fta.nca 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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