(PC)Garcia v. Allison et al, No. 2:2022cv01051 - Document 19 (E.D. Cal. 2023)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 03/29/2023 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Spichka, K.)
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(PC)Garcia v. Allison et al Doc. 19 Case 2:22-cv-01051-KJM-CKD Document 19 Filed 03/30/23 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 MICHAEL LUCIEN GARCIA, 12 No. 2:22-cv-01051-KJM-CKD P Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 KATHLEEN ALLISON, et al., 15 Defendants. 16 By order filed November 22, 2022, plaintiff’s complaint was dismissed and thirty days 17 18 leave to file an amended complaint was granted. Plaintiff was granted extensions of time to file 19 an amended complaint. ECF Nos. 14, 18. The elapsed time period has now expired, and plaintiff 20 has not filed an amended complaint. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 21 22 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 23 These findings and recommendations are submitted to the United States District Judge 24 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 25 after being served with these findings and recommendations, plaintiff may file written objections 26 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 27 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 28 ///// 1 Dockets.Justia.com Case 2:22-cv-01051-KJM-CKD Document 19 Filed 03/30/23 Page 2 of 2 1 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 2 (9th Cir. 1991). 3 Dated: March 29, 2023 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 10 11 12/garc1051.fta(1) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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