(PC) DeJesus v. Martel,et al.,, No. 2:2016cv02375 - Document 21 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 5/11/2018 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LEONICIO DEJESUS, 12 13 14 15 No. 2:16-cv-02375 KJM CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS MICHAEL MARTEL, et al., Defendants. 16 17 18 By order filed June 8, 2017, plaintiff’s first amended complaint was dismissed with leave 19 to file a second amended complaint within thirty days. The court subsequently granted plaintiff 20 two extensions of time to file his second amended complaint. ECF Nos. 17, 20. The time period 21 permitted has now expired, and plaintiff has not filed a second amended complaint or otherwise 22 responded to the court’s order. 23 24 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 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 fourteen days 27 after being served with these findings and recommendations, plaintiff may file written objections 28 1 1 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 2 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 3 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 4 (9th Cir. 1991). 5 Dated: May 11, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 12/deju2375.fta(2).docx 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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