(PC) Cole v. Sawaya ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WALTER L. COLE, No. 2:17-cv-0276 AC P 12 Plaintiff, 13 v. ORDER and 14 M. SAWAYA, et al., FINDINGS AND RECOMMENDATIONS 15 Defendants. 16 17 This prisoner civil rights action, filed pursuant to 42 U.S.C. § 1983, is referred to the 18 undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302(c). By order filed 19 November 20, 2019, this court dismissed plaintiff’s complaint with leave to file an amended 20 complaint within thirty days. ECF No. 5. The court informed plaintiff that failure to timely file 21 an amended complaint would result in a recommendation that this action be dismissed without 22 prejudice. Id. at 10. 23 More than thirty days have passed since service of the court’s order. Plaintiff has not filed 24 an amended complaint or otherwise communicated with the court, indicating that plaintiff appears 25 to have abandoned this case. 26 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court is directed to randomly 27 assign a district judge to this action. 28 //// 1 Further, IT IS HEREBY RECOMMENDED that this action be dismissed without 2 || prejudice for lack of prosecution. See Local Rule 110; Fed. R. Civ. P. 41(b). 3 These findings and recommendations are submitted to the United States District Judge 4 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen (14) 5 || days after being served with these findings and recommendations, plaintiff may file written 6 || objections with the court and serve a copy on all parties. Such a document should be captioned 7 | “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 8 | failure to file objections within the specified time may waive the right to appeal the District 9 | Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 | DATED: January 2, 2020 ~ 1 HhtAter—Chare ALLISON CLAIRE 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28