Brown v. State

Full title: DEXTER BROWN, Plaintiff, v. STATE OF CALIFORNIA, et al., Defendants.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Nov 12, 2013

2:12-cv-03045 AC (PC) (E.D. Cal. Nov. 12, 2013)

Opinion

DEXTER BROWN, Plaintiff, v. STATE OF CALIFORNIA, et al., Defendants. No. 2:12-cv-03045 AC (PC) United States District Court, E.D. California. November 12, 2013

          ORDER AND FINDINGS & RECOMMENDATIONS

          ALLISON CLAIRE, Magistrate Judge.

         By order filed October 2, 2013, plaintiff's first and second amended complaints were dismissed and thirty days leave to file a third amended complaint was granted. Thirty days from that date have now passed, and plaintiff has not filed a third amended complaint, or otherwise responded to the court's order.

         Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign a district 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).

         These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one days after being served with these findings and recommendations, plaintiff may file written objections with the court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Plaintiff is advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst , 951 F.2d 1153 (9th Cir. 1991).