(PC) Cross v. Covello et al, No. 2:2023cv00336 - Document 13 (E.D. Cal. 2023)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 08/03/2023 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) Cross v. Covello et al Doc. 13 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 QUINTIN R. CROSS, 12 Plaintiff, 13 14 No. 2:23-cv-0336 KJM CKD P v. FINDINGS AND RECOMMENDATIONS PATRICK COVELLO, et al., 15 Defendants. 16 By order filed April 6, 2023, plaintiff’s complaint was dismissed with leave to amend. 17 18 Plaintiff has not filed an amended complaint and the time for doing so has expired. Accordingly, 19 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local 20 Rule 110; Fed. R. Civ. P. 41(b). 21 These findings and recommendations are submitted to the United States District Judge 22 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 23 after being served with these findings and recommendations, plaintiff may file written objections 24 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 25 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 26 ///// 27 ///// 28 ///// Dockets.Justia.com 1 time waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 2 Cir. 1991). 3 Dated: August 3, 2023 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 1 cros0336.fta 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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