(PC) Felder v. Gates et al, No. 2:2023cv01686 - Document 9 (E.D. Cal. 2023)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 12/04/2023 DIRECTING the Clerk to randomly assign a district judge to this case. Chief District Judge Kimberly J. Mueller and Magistrate Judge Deborah Barnes assigne d for all further proceedings. It is RECOMMENDED that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 30 days after being served with these findings and recommendations. New Case Number: 2:23-cv-1686 KJM DB (PC). (Spichka, K.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BOBBY DEWAYNE FELDER, 12 No. 2:23-cv-1686 DB P Plaintiff, 13 v. 14 S. GATES, et al., 15 ORDER AND FINDINGS AND RECOMMENDATIONS Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action under 42 U.S.C. 18 §1983. In an order filed September 8, 2023, this court found plaintiff failed to state any claims 19 for relief cognizable under 42 U.S.C. §1983. This court dismissed the complaint with leave to 20 amend. Plaintiff was given 60 days to file an amended complaint. Sixty days have passed and plaintiff has not filed an amended complaint or otherwise 21 22 responded to this court’s order. This court will recommend this action be dismissed for plaintiff’s 23 failure to prosecute and failure to comply with court orders. See Fed. R. Civ. P. 41; E.D. Cal. R. 24 110. 25 26 27 28 Accordingly, the Clerk of the Court IS HEREBY ORDERED to randomly assign a district judge to this case; and IT IS RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. P. 41; E.D. Cal. R. 110. 1 1 These findings and recommendations will be submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within thirty days after 3 being served with these findings and recommendations, plaintiff may file written objections with 4 the court. The document should be captioned “Objections to Magistrate Judge’s Findings and 5 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 6 may result in waiver of the right to appeal the district court’s order. Martinez v. Ylst, 951 F.2d 7 1153 (9th Cir. 1991). 8 Dated: December 4, 2023 9 10 11 12 13 14 15 16 17 18 19 20 21 22 DLB:9 DB Prisoner Inbox/Civil Rights/R/feld1686.fr fta 23 24 25 26 27 28 2

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