(PC) Cooks v. California State Prison et al., No. 2:2017cv00049 - Document 21 (E.D. Cal. 2017)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/04/17 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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLES R. COOKS, 12 Plaintiff, 13 14 15 No. 2:17-cv-0049 JAM CKD P v. FINDINGS AND RECOMMENDATIONS CALIFORNIA STATE PRISON, SOLANO, et al., Defendants. 16 On October 23, 2017, plaintiff’s amended complaint was stricken and thirty days leave to 17 18 file a second amended complaint was granted. The thirty day period has now expired, and 19 plaintiff has not filed a second amended complaint. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 20 21 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 22 These findings and recommendations are submitted to the United States District Judge 23 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen after 24 being served with these findings and recommendations, plaintiff may file written objections with 25 the court. The document should be captioned “Objections to Magistrate Judge’s Findings and 26 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 27 //// 28 ///// 1 1 waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 2 1991). 3 Dated: December 4, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 1 cook0049.fta 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2