(PC) Mendez v. California Department of Corrections & Rehabilitation et al, No. 2:2022cv01339 - Document 20 (E.D. Cal. 2023)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/23/2023 RECOMMENDING this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)

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(PC) Mendez v. California Department of Corrections & Rehabilitation et al Doc. 20 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAMON EDDIE MENDEZ, 12 No. 2:22-cv-1339 KJM KJN P Plaintiff, 13 v. 14 FINDINGS & RECOMMENDATIONS CDCR, et al., 15 Defendants. 16 By order filed January 26, 2023, plaintiff’s complaint was dismissed and thirty days leave 17 18 to file an amended complaint was granted. On February 8, 2023, the order was re-served on 19 plaintiff’s new address. 1 Thirty days from that date have passed, and plaintiff has not filed an 20 amended complaint, or otherwise responded to the court’s order. 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 27 28 1 Plaintiff’s copy of the order was not returned. On March 17, 2023, plaintiff filed another change of address. But no copies of the January 26, 2023 order have been returned as undeliverable. 1 Dockets.Justia.com 1 with the court and serve a copy on all parties. Such a document should be captioned 2 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 3 failure to file objections within the specified time may waive the right to appeal the District 4 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 Dated: May 23, 2023 6 7 8 9 /mend1339.fta 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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