(PC) Kitchens v. Rio Consumnes Correctional Center, No. 2:2020cv01829 - Document 8 (E.D. Cal. 2020)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/28/2020 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)

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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 ROBERT KITCHENS, 12 Plaintiff, 13 14 15 No. 2:20-cv-1829 TLN CKD P v. FINDINGS AND RECOMMENDATIONS RIO COSUMNES CORRECTIONAL CENTER, Defendant. 16 By order filed November 10, 2020, plaintiff’s complaint was dismissed and thirty days 17 18 leave to file an amended complaint was granted. The thirty day period has now expired, and 19 plaintiff has not filed an amended complaint. IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See 20 21 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: December 28, 2020 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 1 kitc1829.fta 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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