(PC) Polee v. Staggs-Boatright, No. 2:2022cv01538 - Document 12 (E.D. Cal. 2023)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/24/2023 DIRECTING the Clerk of the Court to assign a district judge to this case and RECOMMENDING that this action be dismissed without prejudice. District Jud ge Troy L. Nunley and Magistrate Judge Kendall J. Newman assigned for all further proceedings. Referred to District Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. New Case Number: 2:22-cv-1538-TLN-KJN (PC). (Huang, H)

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(PC) Polee v. Staggs-Boatright Doc. 12 Case 2:22-cv-01538-TLN-KJN Document 12 Filed 01/24/23 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 ADRIAN POLEE, 12 13 14 15 No. 2:22-cv-1538 KJN P Plaintiff, v. ORDER AND FINDINGS & RECOMMENDATIONS C. STAGGS-BOATRIGHT, Defendants. 16 17 By order filed November 29, 2022, plaintiff’s complaint was dismissed and thirty days 18 leave to file an amended complaint was granted. Thirty days from that date have passed, and 19 plaintiff has not filed an amended complaint, or otherwise responded to the court’s order. 20 21 22 23 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign a district judge to this case; and IT IS 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 Dockets.Justia.com Case 2:22-cv-01538-TLN-KJN Document 12 Filed 01/24/23 Page 2 of 2 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: January 24, 2023 4 5 6 /pole1538.fta 7 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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