(PC) Flow-Sunkett et al v. Diaz et al, No. 2:2019cv01009 - Document 25 (E.D. Cal. 2020)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/21/20 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 30 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 12 BRITTNEY FLOW-SUNKETT, GLENN SUNKETT, Plaintiffs, 13 FINDINGS & RECOMMENDATIONS v. 14 15 No. 2:19-cv-1009 KJM KJN P RALPH DIAZ, et al., Defendants. 16 17 Plaintiff Glenn Sunkett is a state prisoner, and Brittney Flow-Sunkett is Glenn’s wife. By 18 order filed March 11, 2020, plaintiffs’ amended complaint was dismissed and thirty days leave to 19 file a second amended complaint was granted. Thirty days from that date have now passed, and 20 plaintiffs have not filed a second amended complaint, or otherwise responded to the court’s 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). These findings and recommendations are submitted to the United States District Judge 23 24 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within thirty days after 25 being served with these findings and recommendations, plaintiffs may file written objections with 26 the court and serve a copy on all parties. Such a document should be captioned 27 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiffs are advised that 28 //// 1 1 failure to file objections within the specified time may waive the right to appeal the District 2 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 Dated: April 21, 2020 4 5 6 /sunk1009.fta 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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