(PC) Andrews v. Allison et al, No. 2:2021cv00331 - Document 9 (E.D. Cal. 2021)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 6/3/2021 ORDERING the Clerk to assign a district judge to this case and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Yin, K)

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(PC) Andrews v. Allison et al Doc. 9 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 YANCY ROBERT ANDREWS, 12 13 No. 2:21-cv-0331 CKD P Plaintiff, v. ORDER AND 14 KATHLEEN ALLISON, et al., 15 Defendants. FINDINGS AND RECOMMENDATIONS 16 17 On April 20, 2021, plaintiff was given thirty days within which to file an amended 18 complaint and completed application to proceed in forma pauperis. Plaintiff was warned that 19 failure to comply with the April 20, 2021 order would result in a recommendation that this action 20 be dismissed. Plaintiff has not responded to the court’s order. 21 22 23 24 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). 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 after 27 being served with these findings and recommendations, plaintiff may file written objections with 28 the court. The document should be captioned “Objections to Magistrate Judge’s Findings and 1 Dockets.Justia.com 1 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 2 waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 3 1991). 4 Dated: June 3, 2021 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 1 andr0331.fta 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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