(PC) Belyew v. Honea et al, No. 2:2017cv01189 - Document 12 (E.D. Cal. 2017)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/6/2017 ORDERING the Clerk to randomly assign this case to a US District Judge 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 LISA BELYEW, 12 13 14 15 No. 2:17-cv-01189 CKD P Plaintiff, v. ORDER AND SHERIFF HONEA, et al., FINDINGS AND RECOMMENDATION Defendant. 16 17 By order filed September 1, 2017, plaintiff’s complaint was dismissed and thirty days 18 leave to file an amended complaint was granted. The thirty day period has now expired, and 19 plaintiff has not filed an amended complaint or otherwise responded to the court’s order. 20 21 22 23 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). IT IS FURTHER ORDERED that the Clerk of Court randomly assign this case to a United States District Court judge. 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after being served with these findings and recommendations, plaintiff may file written objections 27 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 28 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 1 1 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 2 (9th Cir. 1991). 3 Dated: December 6, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 10 11 12/bely1189.fta.docx 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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