(PC) Wiley v. Masterson et al, No. 2:2020cv01738 - Document 9 (E.D. Cal. 2020)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/3/2020 ORDERING 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 due within 14 after being served with these findings and recommendations. (Henshaw, R)

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(PC) Wiley v. Masterson et al Doc. 9 Case 2:20-cv-01738-KJM-CKD Document 9 Filed 12/03/20 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PATRICK WILEY, 12 Plaintiff, 13 14 No. 2:20-cv-1738 CKD P v. ORDER AND R. MASTERSON, et al., 15 FINDINGS AND RECOMMENDATIONS Defendants. 16 By order filed October 15, 2020, plaintiff’s complaint was dismissed and thirty days leave 17 18 to file an amended complaint was granted. The thirty day period has now expired, and plaintiff 19 has not filed an amended complaint. 20 IT IS HEREBY ORDERED that the Clerk shall assign a district judge to this action. 21 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See 22 Local Rule 110; Fed. R. Civ. P. 41(b). 23 These findings and recommendations are submitted to the United States District Judge 24 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen after 25 being served with these findings and recommendations, plaintiff may file written objections with 26 the court. The document should be captioned “Objections to Magistrate Judge’s Findings and 27 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 28 ///// 1 Dockets.Justia.com Case 2:20-cv-01738-KJM-CKD Document 9 Filed 12/03/20 Page 2 of 2 1 ///// 2 waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 3 1991). 4 Dated: December 3, 2020 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 1 wile1738.fta 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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