(PC) Chatman v. Dillon ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LARRY A. CHATMAN, No. 2:19-cv-2171 AC P 12 Plaintiff, 13 v. ORDER and 14 NANCY DILLON, 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 13, 2019, this court dismissed plaintiff’s complaint with leave to file an amended 20 complaint within thirty days. ECF No. 6. 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 6. Due to plaintiff’s change of address, the order was re-served on plaintiff at his 23 new (and current) address on November 19, 2019. 24 More than thirty days have passed since re-service of the court’s order. Plaintiff has not 25 filed an amended complaint or otherwise communicated with the court, indicating that plaintiff 26 appears to have abandoned this case. 27 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court is directed to randomly 28 assign a district judge to this action. 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