(PC) Canseco v. Spearman et al, No. 2:2017cv01133 - Document 10 (E.D. Cal. 2018)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 4/05/18 ORDERING the Clerk of the Court randomly assign a United States District Judge to this action. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Troy L. Nunley. 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 EDGAR JOSE CANSECO, 12 Plaintiff, 13 14 v. No. 2:17-cv-1133 DB P ORDER AND FINDINGS AND RECOMMENDATIONS M.E. SPEARMAN, et al., 15 Defendants. 16 17 By order issued January 9, 2018, plaintiff’s complaint was dismissed and thirty days leave 18 to file an amended complaint was granted. (See ECF No. 7). Thirty days from that date have 19 now expired, and plaintiff has not filed an amended complaint or otherwise responded to the 20 court’s order. 21 22 23 24 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court randomly assign a United States District Judge to this action. 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 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: April 5, 2018 5 6 7 8 9 DLB:13 DB/ORDERS/ORDERS.PRISONER.CIVIL RIGHTS/cans1133.fta 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2