(PC) Whitsitt v. Spencer et al, No. 2:2022cv02114 - Document 9 (E.D. Cal. 2023)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/18/2023 DIRECTING the Clerk of the Court to assign a district judge to this case, and RECOMMENDING that this action be dismissed without prejudice. District Judge Dale A. Drozd and Magistrate Judge Kendall J. Newman assigned for all further proceedings. Referred to District Judge Dale A. Drozd. Objections due within 14 days after being served with these findings and recommendations. (Huang, H)

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(PC) Whitsitt v. Spencer 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 WILLIAM J. WHITSITT, 12 13 14 15 No. 2:22-cv-2114 KJN P Plaintiff, v. ORDER AND FINDINGS & RECOMMENDATIONS TIM SPENCER, et al., Defendants. 16 17 By order filed March 29, 2023, plaintiff’s complaint was dismissed and thirty days leave 18 to file an amended complaint was granted. Thirty days from that date have passed, and plaintiff 19 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 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: May 18, 2023 4 5 6 /whit2114.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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