(PC) Sam v. Delacruz, No. 2:2018cv00991 - Document 7 (E.D. Cal. 2019)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 10/3/2019 ORDERING Clerk to randomly assign a District Court Judge to this action and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge William B. Shubb. Objections due within 21 days after being served with these findings and recommendations. (Henshaw, R)

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(PC) Sam v. Delacruz Doc. 7 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 VISNA SAM, 12 13 14 No. 2:18-cv-0991 AC P Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATIONS KIMBERLY DELACRUZ, 15 Defendant. 16 17 By order issued August 8, 2019, the complaint was rejected on screening and plaintiff was 18 given thirty days leave to file an amended complaint. ECF No. 4. Thirty days from that date 19 have now passed, and plaintiff has not filed an amended complaint, or otherwise responded to the 20 court’s order. 21 22 23 24 25 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court randomly assign a District Court Judge to this action. 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 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one days 27 after being served with these findings and recommendations, plaintiff may file written objections 28 with the court and serve a copy on all parties. Such a document should be captioned “Objections 1 Dockets.Justia.com 1 to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 2 objections within the specified time may waive the right to appeal the District Court’s order. 3 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 DATED: October 3, 2019 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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