(PC) Drumm v. CD.CR et al, No. 2:2018cv02854 - Document 14 (E.D. Cal. 2019)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/14/2019 ORDERING Clerk of Court to appoint a district judge to this action and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)

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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 THOMAS DRUMM, 12 13 14 15 No. 2: 18-cv-2854 KJN P Plaintiff, v. ORDER AND FINDINGS & RECOMMENDATIONS CDCR, et al., Defendants. 16 17 By order filed November 20, 2018, plaintiff’s complaint was dismissed with thirty days to 18 file an amended complaint. On January 4, 2019, plaintiff was granted an additional thirty days to 19 file an amended complaint. Thirty days from January 4, 2019 have now passed, and plaintiff has 20 not filed an amended complaint, or otherwise responded to the court’s order. 21 22 23 24 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall appoint a district judge to this action; and IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 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 1 1 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 2 failure to file objections within the specified time may waive the right to appeal the District 3 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 Dated: February 14, 2019 5 6 7 8 9 Dru2854.fta 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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