(PS) Dickens v. City of Vacaville et al, No. 2:2018cv02233 - Document 11 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/20/2018 RECOMMENDING this action be dismissed without prejudice. Referred to District Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (York, 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 PATRICK CHRISTOPHER DICKENS, 12 No. 2:18-cv-02233 JAM CKD (PS) Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 CITY OF VACAVILLE, et al., 15 Defendants. 16 By order filed October 10, 2018 plaintiff’s complaint was dismissed and thirty days leave 17 18 to file an amended complaint was granted. The thirty-day period has now expired, and plaintiff 19 has not filed an amended complaint. On November 7, 2018, plaintiff was advised that he could 20 seek a reasonable extension of time to amend, if he so wished; he has not responded to this order. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 21 22 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 23 These findings and recommendations are submitted to the United States District Judge 24 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 25 after being served with these findings and recommendations, any party may file written 26 objections with the court and serve a copy on all parties. Such a document should be captioned 27 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 28 //// 1 1 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 2 Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 Dated: November 20, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 2/dickens2233.fta 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2