(PC) Randall v. Sacramento State Prison-Folsom, No. 2:2017cv00929 - Document 14 (E.D. Cal. 2018)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/24/2018 ORDERING the Clerk to assign a district judge to this case and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Garland E. Burrell, Jr.; Objections to F&R 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 VIRGIL DOUGLAS RANDALL, 12 13 14 15 16 17 No. 2:17-cv-0929 CKD P Plaintiff, v. ORDER AND SACRAMENTO STATE PRISONFOLSOM, et al. FINDINGS AND RECOMMENDATIONS Defendant. On June 23, 2017, plaintiff’s complaint was dismissed with leave to amend. Plaintiff was 18 given instructions as to the content of his amended complaint and was warned that failure to file 19 an amended complaint would result in a recommendation that this action be dismissed. Plaintiff 20 has not filed an amended complaint in compliance with the court’s June 23, 2017 order and the 21 time allotted for doing so has expired. 22 23 24 25 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district court judge to this case; and IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, plaintiff may file written objections 1 1 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 2 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 3 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 4 (9th Cir. 1991). 5 Dated: January 24, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 1 rand0929.fta 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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