(PC) Pelleriti v. Avila et al, No. 2:2019cv01853 - Document 13 (E.D. Cal. 2019)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 1/18/2019 RECOMMENDING this action be dismissed without prejudice. Referred to Judge John A. Mendez; Objections to F&R due within 21 days. (Yin, K)
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(PC) Pelleriti v. Avila et al Doc. 13 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JESSE JAMES PELLERITI, 12 13 14 15 No. 2:19-cv-1853 JAM AC P Plaintiff, v. ORDER DANA AVILA, et al., Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with this civil rights action filed pursuant to 18 42 U.S.C. § 1983. This action is referred to the undersigned United States Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302(c). On October 30, 2019, the 20 undersigned granted plaintiff’s request to proceed in forma pauperis and found that the complaint 21 failed to state a claim. Plaintiff was granted leave to file a First Amended Complaint (FAC) 22 within thirty days. See ECF No. 10. Plaintiff was informed that “[f]ailure to timely file a FAC 23 will result in a recommendation that this action be dismissed without prejudice.” Id. at 8. More 24 than thirty days have passed, but plaintiff has not filed an amended complaint or otherwise 25 responded to the court’s order. 26 27 28 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). These findings and recommendations are submitted to the United States District Judge 1 Dockets.Justia.com 1 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one (21) 2 days after being served with these findings and recommendations, plaintiff may file written 3 objections with the court. Such a document should be captioned “Objections to Magistrate 4 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections within 5 the specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 6 F.2d 1153 (9th Cir. 1991). 7 DATED: November 18, 2019 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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