(PC) Knox v. Diaz et al, No. 2:2019cv00659 - Document 15 (E.D. Cal. 2019)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 9/10/2019 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr. Objections due within 14 days after being served with these F & R's. (Reader, L)

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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 WILLIE KNOX, 12 No. 2:19-cv-0659 MCE CKD P Plaintiff, 13 v. 14 R. DIAZ, et al., 15 FINDINGS AND RECOMMENDATIONS Defendants. 16 On August 6, 2019, the district court judge assigned to this case affirmed this court’s 17 18 dismissal of plaintiff’s complaint with leave to amend and granted plaintiff 21 days within which 19 to file an amended complaint. Plaintiff has not 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 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: September 10, 2019 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 1 knox0659.fta 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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