(PC) Lopez v. Solano State Prison, No. 2:2017cv01554 - Document 14 (E.D. Cal. 2017)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/27/2017 ORDERING Clerk to appoint a district judge to this action and RECOMMENDING this action be dismissed. Assigned and referred to Judge Morrison C. England, Jr. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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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 EUTIMIO LOPEZ, 12 13 14 15 No. 2: 17-cv-1554 KJN P Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATIONS SOLANO STATE PRISON, Defendant. 16 17 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 18 to 42 U.S.C. § 1983. On October 23, 2017, the undersigned ordered plaintiff to show cause, 19 within fourteen days, why this action should not be dismissed for his failure to file an amended 20 complaint. (ECF No. 13.) In this order, the undersigned cautioned plaintiff that failure to 21 respond to this order would result in dismissal of this action. (Id.) 22 Fourteen days passed and plaintiff failed to respond to the October 23, 2017 order. 23 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall appoint a 24 district judge to this action; and 25 IT IS HEREBY RECOMMENDED that this action be dismissed. 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 and serve a copy on all parties. Such a document should be captioned 2 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 3 failure to file objections within the specified time may waive the right to appeal the District 4 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 Dated: November 27, 2017 6 7 8 9 Lop1554.fr 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2