(PC) Oerding v. Fountain et al, No. 2:2018cv03142 - Document 12 (E.D. Cal. 2019)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 4/19/19 ORDERING the Clerk of the Court assign a district court judge to this case. Also, RECOMMENDING that this action be dismissed without prejudice. Assigned and referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
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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 CHRISTOPHER OERDING, 12 13 14 15 No. 2:18-cv-3142 CKD P Plaintiff, v. ORDER AND T. FOUNTAIN, et al. FINDINGS AND RECOMMENDATIONS Defendants. 16 17 By order filed March 4, 2019, plaintiff’s complaint was dismissed and thirty days leave to 18 file an amended complaint was granted. The thirty day period has now expired, and plaintiff has 19 not filed an amended complaint. 20 21 22 23 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district court judge to this case; and IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen after 26 being served with these findings and recommendations, plaintiff may file written objections with 27 the court. The document should be captioned “Objections to Magistrate Judge’s Findings and 28 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 1 1 waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 2 1991). 3 Dated: April 19, 2019 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 1 oerd3142.fta 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2