(PC)Hendon v. DeFazio et al, No. 2:2019cv01177 - Document 34 (E.D. Cal. 2021)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/13/21 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 14 days.(Plummer, M)
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(PC)Hendon v. DeFazio et al Doc. 34 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CARLOS HENDON, 12 13 14 15 No. 2:19-cv-01177-JAM-CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS J. DEFAZIO, et al., Defendants. 16 17 By order filed August 17, 2020, plaintiff’s first amended complaint was dismissed and 18 thirty days leave to file an amended complaint was granted. Plaintiff was granted numerous 19 extensions of time and was even provided a free copy of his amended complaint in order to assist 20 him in filing a second amended complaint. However, after being granted one last 14 day period 21 of time in which to file his second amended complaint, plaintiff opted to file “Objections to 22 Findings and Recommendations” instead of a second amended complaint. ECF No. 33. 23 24 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, plaintiff may file written objections 28 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 1 Dockets.Justia.com 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: December 13, 2021 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 12/hend1177.fta(2).docx 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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