(PC) Puckett v. Liu et al, No. 2:2019cv02437 - Document 34 (E.D. Cal. 2021)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 04/15/21 ORDERING that plaintiffs is granted 30 days within which to file a third amended complaint. If plaintiff does not file a third amended complaint within 30 days this action will proceed on plaintiffs second amend complaint. Also, RECOMMENDING that defendant Henderson be dismissed from this action. Referred to Judge Troy L. Nunley. Objections due within 14 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 DURRELL ANTHONY PUCKETT, Plaintiff, 13 14 15 16 17 No. 2:19-cv-2437 TLN CKD P v. ORDER AND H. LIN, et al., FINIDNGS AND RECOMMENDATIONS Defendants. Plaintiff, a state prisoner, is proceeding pro se with a civil rights action pursuant to 42 18 U.S.C. § 1983. On February 2, 2021, the court ordered plaintiff to provide additional information 19 for service of process on defendant Henderson. Plaintiff was warned that failure to do so would 20 result in a recommendation that defendant Henderson be dismissed. Plaintiff has not provided the 21 court with the required information and time has expired for doing so. Accordingly, the court 22 will recommend that defendant Henderson be dismissed. 23 Documents received by the court from plaintiff indicate plaintiff may wish to amend his 24 second amended complaint to substitute the name “Emerson” for “Henderson.” This being the 25 case, the court will grant plaintiff 30 days within which to file a third amended complaint. If 26 plaintiff does not submit a third amended complaint within 30 days, this action will proceed on 27 plaintiff’s second amended complaint. 28 1 Accordingly, IT IS HEREBY ORDERED that plaintiff’s is granted 30 days within which 1 2 to file a third amended complaint. If plaintiff does not file a third amended complaint within 3 thirty days this action will proceed on plaintiff’s second amend complaint. 4 5 IT IS HEREBY RECOMMENDED that defendant Henderson be dismissed from this action. 6 These findings and recommendations are submitted to the United States District Judge 7 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen after 8 being served with these findings and recommendations, plaintiff may file written objections with 9 the court. The document should be captioned “Objections to Magistrate Judge’s Findings and 10 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 11 waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 12 1991). 13 Dated: April 15, 2021 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 1/bh puck2437.frs 19 20 21 22 23 24 25 26 27 28 2
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