(PC) Singleton v. Baugham et al, No. 2:2018cv02633 - Document 11 (E.D. Cal. 2018)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 11/28/18 DIRECTING the clerk to randomly assign a district judge. District Judge Troy L. Nunley added. It is further RECOMMENDED that this action be dismissed with out prejudice for failure to prosecute. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. New Case Number: 2:18-cv-2633-TLN-DB (PC). (Coll, A)
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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 DEVON SINGLETON, 12 13 14 No. 2:18-cv-2633 DB P Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATIONS D. BAUGHAM, et al., 15 Defendants. 16 17 By order issued October 19, 2018, plaintiff’s complaint was dismissed and thirty days 18 leave to file an amended complaint was granted. (ECF No. 8). Thirty days from that date have 19 now passed, and plaintiff has not filed an amended complaint or otherwise responded to the 20 court’s order. 21 22 23 24 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 for failure to prosecute. See Local Rule 110; Fed. R. Civ. P. 41(b). 25 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 fourteen 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 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: November 28, 2018 5 6 7 8 DLB:13 DB/ORDERS/ORDERS.PRISONER.CIVIL RIGHTS/sing2633.fta 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2