(PC) Kitilya v. California Health Care Facility, No. 2:2018cv01047 - Document 12 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/8/2018 RECOMMENDING this action be dismissed without prejudice. Referred to Judge John A. Mendez; 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 RAYMOND JUSTO KITILYA, 12 Plaintiff, 13 14 15 No. 2:18-cv-1047 JAM CKD P v. FINDINGS AND RECOMMENDATIONS CALIFORNIA HEALTH CARE FACILITY, et al., Defendants. 16 On September 17, 2018 plaintiff’s complaint was dismissed and thirty days leave to file an 17 18 amended complaint was granted. The thirty day period has now expired, and plaintiff has not 19 filed an 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 ///// 23 ///// 24 ///// 25 ///// 26 ///// 27 ///// 28 ///// 1 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen after 3 being served with these findings and recommendations, plaintiff may file written objections with 4 the court. The document should be captioned “Objections to Magistrate Judge’s Findings and 5 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 6 waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 7 1991). 8 Dated: November 8, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 1 kiti1047.fta 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2