(PC) Alem v. Barton et al, No. 2:2021cv00751 - Document 9 (E.D. Cal. 2021)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/12/2021 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)

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(PC) Alem v. Barton et al Doc. 9 Case 2:21-cv-00751-TLN-KJN Document 9 Filed 08/12/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL ALEM, 12 Plaintiff, 13 14 No. 2: 21-cv-0751 TLN KJN P v. FINDINGS & RECOMMENDATIONS ROBERT BURTON, et al., 15 Defendants. 16 17 By order filed July 2, 2021, plaintiff’s complaint was dismissed and thirty days leave to file 18 an amended complaint was granted. Thirty days from that date have now passed, and plaintiff has 19 not filed an amended complaint, or otherwise responded to the court’s order. Accordingly, IT IS RECOMMENDED that this action be dismissed without prejudice. 20 21 See 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 days 24 after being served with these findings and recommendations, plaintiff may file written objections 25 with the court and serve a copy on all parties. Such a document should be captioned 26 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 27 //// 28 //// 1 Dockets.Justia.com Case 2:21-cv-00751-TLN-KJN Document 9 Filed 08/12/21 Page 2 of 2 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: August 12, 2021 4 5 6 Alem751.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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