(PC) Kjeldergaard v. CDCR et al, No. 2:2023cv02013 - Document 9 (E.D. Cal. 2023)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/29/2023 DIRECTING the Clerk to randomly assign a United States District Judge to this action. District Judge Daniel J. Calabretta and Magistrate Judge Carolyn K. Delaney for all further proceedings. It is further RECOMMENDED that this action be dismissed without prejudice. Referred to Judge Daniel J. Calabretta. Objections due within 14 days after being served with these Findings and Recommendations. New Case Number: 2:23-cv-02013 DJC CKD (PC). (Lopez, K)

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(PC) Kjeldergaard v. CDCR et al 1 Doc. 9 , 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 NICKOLAS GORDON KJELDERGAARD, Plaintiff, 13 14 15 16 No. 2:23-cv-2013 CKD P ORDER AND v. FINDINGS AND RECOMMENDATIONS CDCR, et al., Defendants. 17 18 On October 17, 2023, plaintiff’s complaint was dismissed with leave to amend within 30 19 days. Plaintiff was warned that failure to comply with the court’s October 17, 2023, order would 20 result in dismissal. Plaintiff has not filed an amended complaint. 21 22 23 24 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district court judge to this case; and IT IS HEREBY 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. The document should be captioned “Objections to Magistrate Judge’s Findings 1 Dockets.Justia.com 1 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 2 time waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 3 Cir. 1991). 4 Dated: November 29, 2023 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 1 kjel2013.fta 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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