(PC) Staggs v. Kelly, et al., No. 2:2018cv02843 - Document 18 (E.D. Cal. 2019)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/12/2019 ORDERING the Clerk to assign a district judge to this action and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)

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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 RONALD LYNN STAGGS, 12 No. 2:18-cv-2843 KJN P Plaintiff, 13 v. 14 P. KELLY, et al., 15 ORDER and FINDINGS & RECOMMENDATIONS Defendants. 16 17 By order filed August 27, 2019, plaintiff’s complaint was dismissed and thirty days leave 18 to file an amended complaint was granted. On October 10, 2019, plaintiff was granted an 19 additional 45 days in which to file an amended complaint. Forty-five days from that date have 20 now expired, and plaintiff has not filed an amended complaint or otherwise responded to the 21 court’s order. 22 23 24 25 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall assign a district judge to this action. IT IS HEREBY 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 12, 2019 6 7 /stag2843.fta.ext 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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