Opinion
No. 2:15-cv-1806 CKD P
12-02-2015
ROBERT WILLIAM TUNSTALL, JR., Plaintiff, v. ROBERT FOX, Defendant.
ORDER AND FINDINGS AND RECOMMENDATIONS
By order filed October 19, 2015, plaintiff was ordered to file a proper complaint within thirty days or face dismissal of this action. That period has passed, and plaintiff has not filed a complaint or otherwise responded to the court's order. Nor has plaintiff filed a complete application to proceed in forma pauperis.
Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall assign a district judge to this action.
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. The 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: December 2, 2015
/s/_________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE 2 / tuns1806.fta_fr