(PC) Charles Barksdale v. Wyatt et al, No. 2:2019cv00950 - Document 17 (E.D. Cal. 2019)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 9/20/2019 ORDERING Clerk to appoint a district judge to this action and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Morrison C. England, Jr. 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 CHARLES BARKSDALE, 12 Plaintiff, 13 14 15 v. No. 2: 19-cv-0950 KJN P ORDER & FINDINGS & RECOMMENDATIONS LAWANA WYATT, et al., Defendants. 16 17 By order filed August 8, 2019, plaintiff’s complaint was dismissed and thirty-days leave 18 to file an amended complaint was granted. Thirty days from that date have now passed, and 19 plaintiff has not filed an amended complaint, or otherwise responded to the court’s order. 20 21 22 23 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to 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). 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 days 26 after being served with these findings and recommendations, plaintiff may file written objections 27 with the court and serve a copy on all parties. Such a document should be captioned 28 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 1 1 failure to file objections within the specified time may waive the right to appeal the District 2 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 Dated: September 20, 2019 4 5 6 7 Barks950.fta 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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