(PC) Marshall v. Unknown, No. 2:2017cv01650 - Document 13 (E.D. Cal. 2018)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 8/7/2018 ORDERING Clerk of Court to randomly assign a district judge to this case and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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(PC) Marshall v. Unknown Doc. 13 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 MAEWEATHER MARSHALL, aka MAYWEATHER MARSHALL, Plaintiff, 13 14 15 16 v. No. 2:17-cv-1650 AC P ORDER and FINDINGS AND RECOMMENDATIONS UNKNOWN, Defendant. 17 18 Plaintiff is a state prisoner at California State Prison Corcoran (CSP-COR), proceeding 19 pro se and in forma pauperis with this civil rights action filed pursuant to 42 U.S.C. § 1983. By 20 order filed June 20, 2018, the court accorded plaintiff an additional thirty days to file a proposed 21 First Amended Complaint (FAC). See ECF No. 11. That order provided that “[f]ailure of 22 plaintiff to timely file a proposed First Amended Complaint will result in a recommendation that 23 this action be dismissed without prejudice.” Id. at 2. The order was served on plaintiff at his 24 current address and was therefore fully effective. See Local Rule 182(f). 25 The deadline for filing a FAC has passed, but plaintiff has neither filed an amended 26 complaint nor otherwise responded to the court’s order. Therefore, the undersigned will 27 recommend dismissal of this case without prejudice. 28 Dockets.Justia.com 1 2 3 4 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall randomly assign a district judge to this case. Further, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 5 These findings and recommendations are submitted to the United States District Judge 6 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14) 7 days after being served with these findings and recommendations, plaintiff may file written 8 objections with the court. Such a document should be captioned “Objections to Magistrate 9 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections within 10 the specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 11 F.2d 1153 (9th Cir. 1991). 12 DATED: August 7, 2018 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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