(PC) Giannini v. Burton et al, No. 2:2022cv00399 - Document 9 (E.D. Cal. 2022)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/29/2022 DIRECTING the clerk to assign a district judge to this case. Chief District Judge Kimberly J. Mueller and Magistrate Judge Carolyn K. Delaney assigned to this case for all further proceedings. It is hereby RECOMMENDED that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. New Case Number: 2:22-cv-0399 KJM CKD (PC). (Spichka, K.)
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(PC) Giannini v. Burton 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 LOUIE GIANNINI, 12 13 No. 2:22-cv-00399-CKD P Plaintiff, v. ORDER AND 14 ROBERT B. BURTON, et al., 15 Defendants. FINDINGS AND RECOMMENDATIONS 16 17 By order filed October 12, 2022, plaintiff’s complaint was dismissed and thirty days leave 18 to file an amended complaint was granted. The thirty day period has now expired, and plaintiff 19 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 Court randomly assign this matter to a district court judge. IT IS FURTHER 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. The document should be captioned “Objections to Magistrate Judge’s Findings 28 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 1 Dockets.Justia.com 1 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 2 (9th Cir. 1991). 3 Dated: November 29, 2022 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 10 11 12/gian0399.fta.docx 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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