(PC) Johnson v. Tileston et al, No. 2:2017cv01568 - Document 27 (E.D. Cal. 2018)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 4/20/2018 ORDERING this case be randomly assigned to a district court judge and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge William B. Shubb; 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 HERBERT JOHNSON 12 13 14 No. 2:17-cv-01568 CKD P Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATIONS C. TILESTON, et al., 15 Defendant. 16 17 18 By order filed February 5, 2018, plaintiff’s first amended complaint was dismissed and 19 thirty days leave to file a second amended complaint was granted. The thirty day period has now 20 expired, and plaintiff has not filed an amended complaint. While the court notes that plaintiff 21 filed a notice of change of address on February 22, 2018 due to a prison transfer, the court has not 22 received any additional communication from plaintiff since that date. 23 24 25 26 27 Accordingly, IT IS HEREBY ORDERED that this case be randomly assigned to a district court judge. IT IS FURTHER RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). These findings and recommendations are submitted to the United States District Judge 28 1 1 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 2 after being served with these findings and recommendations, plaintiff may file written objections 3 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 4 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 5 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 6 (9th Cir. 1991). 7 Dated: April 20, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 12/john1568.fta 16 17 18 19 20 21 22 23 24 25 26 27 28 2