(PC) Belmonte v. Palomares et al, No. 2:2019cv00163 - Document 42 (E.D. Cal. 2020)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/23/20 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Troy L. Nunley. Objections due within 14 days.(Plummer, M)
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(PC) Belmonte v. Palomares et al Doc. 42 Case 2:19-cv-00163-TLN-CKD Document 42 Filed 11/23/20 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MIGUEL BELMONTE, 12 Plaintiff, 13 14 No. 2:19-cv-00163-TLN-CKD P v. FINDINGS AND RECOMMENDATIONS S. PALOMARES, et al., 15 Defendants. 16 Plaintiff, a former state prisoner, is proceeding pro se and in forma pauperis in this federal 17 18 civil rights action filed pursuant to 42 U.S.C. § 1983. By order filed October 2, 2020, plaintiff’s 19 third amended complaint was dismissed and thirty days leave to file an amended complaint was 20 granted. The thirty-day period has now expired, and plaintiff has not filed an amended complaint. 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, plaintiff may file written objections 26 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 27 ///// 28 ///// 1 Dockets.Justia.com Case 2:19-cv-00163-TLN-CKD Document 42 Filed 11/23/20 Page 2 of 2 1 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 2 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 3 (9th Cir. 1991). 4 Dated: November 23, 2020 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 12/belm0163.fta(4).docx 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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