(PC) McDermott v. San Joaquin County Sheriff ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JASON McDERMOTT, No. 2:23-cv-00219 DB P 12 Plaintiff, 13 v. ORDER AND FINDINGS & RECOMMENDATIONS 14 SAN JOAQUIN COUNTY SHERIFF, 15 Defendants. 16 17 18 By order filed April 10, 2023, plaintiff’s complaint was dismissed and thirty days leave to 19 file an amended complaint was granted. Thirty days from that date have now passed, and 20 plaintiff has not filed an amended complaint, or otherwise responded to the court’s order. 21 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court 22 shall assign a district judge to this case. 23 In addition, IT IS HEREBY RECOMMENDED that this action be dismissed without 24 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within thirty (30) days 27 after being served with these findings and recommendations, plaintiff may file written objections 28 with the court and serve a copy on all parties. Such a document should be captioned 1 | “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 2 | failure to file objections within the specified time may waive the right to appeal the District 3 | Court’s order. Martinez v. YIst, 951 F.2d 1153 (th Cir. 1991). 4 | Dated: May 25, 2023 5 6 7 | pi7 ; ee oe e019 fa UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28