Hammonds v. Warden

Full title: MARIO HAMMONDS, aka HAQQ SHABAZZ, Plaintiff, v. WARDEN, et al., Defendants.

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

Date published: Feb 11, 2011

2:10-cv-3439 KJN P (E.D. Cal. Feb. 11, 2011)

Opinion

MARIO HAMMONDS, aka HAQQ SHABAZZ, Plaintiff, v. WARDEN, et al., Defendants. No. 2:10-cv-3439 KJN P United States District Court, E.D. California. February 11, 2011

          ORDER AND FINDINGS & RECOMMENDATIONS

          KENDALL J. NEWMAN, Magistrate Judge.

         By order filed January 4, 2011, plaintiff's complaint was dismissed and thirty days leave to file an amended complaint was granted. The thirty-day period has now expired, and plaintiff has not filed an amended complaint or otherwise responded to the court's order.

         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 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)(1). Within fourteen 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).