Opinion
No. 2: 16-cv-2766 JAM KJN P
02-10-2017
KENNETH WAYNE MILLS, Plaintiff, v. CALIFORNIA MEDICAL FACILITY, Defendants.
FINDINGS & RECOMMENDATIONS
On November 22, 2016, plaintiff filed a habeas corpus petition. (ECF No. 1.) On December 23, 2016, the undersigned issued an order construing this action as a civil rights action pursuant to 42 U.S.C. § 1983. (ECF No. 11.) Plaintiff was directed to file a civil rights complaint within thirty days. (Id.) Thirty days passed and plaintiff did not file a civil rights complaint or otherwise respond to the December 23, 2016 order.
Accordingly, 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 fourteen days after being served with these findings and recommendations, plaintiff may file written objections with the court and serve a copy on all parties. Such a 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). Dated: February 10, 2017
/s/_________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE Mill2766.fta