(PC) Davis v. Lynch, No. 2:2023cv00060 - Document 11 (E.D. Cal. 2023)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 07/18/2023 DIRECTING the Clerk to randomly assign this matter to a district court judge. District Judge Dale A. Drozd and Magistrate Judge Carolyn K. Delaney ass igned for all further proceedings. It is RECOMMENDED that this action be dismissed without prejudice. Referred to Judge Dale A. Drozd. Objections due within 14 days after being served with these findings and recommendations. New Case Number: 2:23-cv-0060 DAD CKD (PC). (Spichka, K.)

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(PC) Davis v. Lynch Doc. 11 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MAURICE DARONTE DAVIS, 12 Plaintiff, 13 14 No. 2:23-cv-00060-CKD P v. ORDER AND JEFF LYNCH, 15 FINDINGS & RECOMMENDATIONS Defendant. 16 By order filed June 2, 2023, plaintiff’s first amended complaint was dismissed and thirty 17 18 days leave to file an amended complaint was granted. Thirty days from that date have now 19 passed, and plaintiff has not filed an amended complaint, or otherwise responded to the court’s 20 order. 21 22 23 24 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). 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 days 27 after being served with these findings and recommendations, plaintiff may file written objections 28 with the court and serve a copy on all parties. Such a document should be captioned 1 Dockets.Justia.com 1 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 2 failure to file objections within the specified time may waive the right to appeal the District 3 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 Dated: July 18, 2023 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 12/davi0060.fta 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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