(PC) Jimenez v. Spearman ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JUAN F. JIMENEZ, No. 2:19-cv-2267 AC P 12 Plaintiff, 13 v. ORDER and 14 MARION E. SPEARMAN, 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 May 22, 19 2020, this court dismissed plaintiff’s First Amended Complaint with leave to file a Second 20 Amended Complaint within thirty days. ECF No. 15. The court informed plaintiff that failure to 21 timely file a Second Amended Complaint would result in a recommendation that this action be 22 dismissed without prejudice. Id. at 2. 23 More than thirty have passed since service of the court’s order. Plaintiff has neither filed 24 a Second Amended Complaint nor otherwise communicated with this court, indicating that he has 25 abandoned this case. 26 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall randomly assign a 27 district judge to this action. 28 /// wOAOe CLOVELLY TOV ROEM RUC I ee OY ee 1 In addition, 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 this case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within twenty-one days 5 || after being served with these findings and recommendations, plaintiff may file written objections 6 | with the court. Such document should be captioned “Objections to Magistrate Judge’s Findings 7 | and Recommendations.” Local Rule 304(d). Plaintiff is advised that failure to file objections 8 || within the specified time may waive the right to appeal the District Court’s order. Martinez v. 9 | Yist, 951 F.2d 1153 (9th Cir. 1991). 10 | DATED: June 30, 2020 . Hthren— Lhar—e- 12 ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28