(PC) Humes v. Placer County et al, No. 2:2018cv00693 - Document 11 (E.D. Cal. 2018)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/6/2018 DIRECTING the Clerk of Court to assign a district judge to this case and RECOMMENDING this action be dismissed without prejudice. District Judge Kimberly J. Mueller has been assigned. The case number for all future documents shall be: 2:18-cv-00693-KJM-KJN (PC). Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Huang, H)
Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JON HUMES, 12 13 14 No. 2:18-cv-0693 KJN P Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATIONS PLACER COUNTY, MARY GREEN, 15 Defendants. 16 17 By order filed October 18, 2018, plaintiff was ordered to show cause, within thirty days, 18 why this action should not be dismissed without prejudice to plaintiff seeking leave to amend to 19 pursue such claims in his earlier-filed action, No. 2:17-cv-2610 EFB P. (ECF No. 10.) The thirty 20 day period has now expired, and plaintiff has not shown cause or otherwise responded to the 21 court’s order. 22 23 24 25 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign a district judge to this case; and IT IS RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 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. The document should be captioned “Objections to Magistrate Judge’s Findings 2 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 3 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 4 (9th Cir. 1991). 5 Dated: December 6, 2018 6 7 /hume0693.fsc 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2