(PC) Youngs v. Barretto et al, No. 2:2016cv00276 - Document 12 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 06/21/18 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
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(PC) Youngs v. Barretto et al Doc. 12 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TYRONE YOUNGS, 12 13 14 No. 2:16-cv-0276 JAM AC P Plaintiff, v. FINDINGS AND RECOMMENDATIONS J. BARRETTO, et al., 15 Defendants. 16 17 Plaintiff is a former state prisoner proceeding pro se with this civil rights action filed 18 pursuant to 42 U.S.C. § 1983. By order filed May 14, 2018, the court directed plaintiff to submit 19 a completed in forma pauperis application for non-prisoners or pay the filing fee, and to file a 20 proposed Second Amended Complaint (SAC). See ECF No. 11. Plaintiff was accorded thirty 21 days within which to comply with the court’s order and informed that failure to comply would 22 result in the dismissal of this action without prejudice. Id. at 7. 23 24 25 26 The deadline for submitting these matters has passed, but plaintiff has not responded to the court’s order. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 27 These findings and recommendations are submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14) 1 Dockets.Justia.com 1 days after being served with these findings and recommendations, plaintiff may file written 2 objections with the court. Such a document should be captioned “Objections to Magistrate 3 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections within 4 the specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 5 F.2d 1153 (9th Cir. 1991). 6 DATED: June 21, 2018 7 8 9 . 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2