(PC) Maquinales v. Spearman et al, No. 2:2018cv00489 - Document 11 (E.D. Cal. 2018)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/26/18 ORDERING the Clerk of Court randomly assign a District Judge to this case. Also, RECOMMENDING that this action be dismissed without prejudice. Assigned and referred to Judge Kimberly J. Mueller. 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 RICHARD MAQUINALES 12 13 14 15 No. 2:18-cv-00489 CKD P Plaintiff, v. ORDER AND SPEARMAN, et al., FINDINGS AND RECOMMENDATIONS Defendant. 16 17 By order filed October 10, 2018, plaintiff’s complaint was dismissed and thirty days leave 18 to file an amended complaint was granted. The thirty day period has now expired, and plaintiff 19 has not filed an amended complaint or otherwise responded to the court’s order. 20 21 22 23 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court randomly assign this case 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). 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: November 26, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 10 11 12/maqu0489.fta.docx 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2