(PC) Hamilton v. CDCR, No. 2:2023cv00347 - Document 19 (E.D. Cal. 2023)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 06/01/2023 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Daniel J. Calabretta. Objections due within 14 days after being served with these findings and recommendations. (Spichka, K.)
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(PC) Hamilton v. CDCR Doc. 19 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALBERT JOHN HAMILTON, 12 13 14 15 No. 2: 23-cv-00347 DJC KJN P Plaintiff, v. FINDINGS & RECOMMENDATIONS DEPARTMENT OF CORRECTIONS, Defendant. 16 17 By order filed March 14, 2023, plaintiff’s complaint was dismissed and thirty days leave 18 to file an amended complaint was granted. (ECF No. 12.) On April 21, 2023, the undersigned 19 granted plaintiff an additional thirty days to file an amended complaint. (ECF No. 18.) Thirty 20 days from April 21, 2023, have passed, and plaintiff has not filed an amended complaint, or 21 otherwise responded to the court’s order. 22 23 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after being served with these findings and recommendations, plaintiff may file written objections 27 with the court and serve a copy on all parties. Such a document should be captioned 28 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 1 Dockets.Justia.com 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: June 1, 2023 4 5 6 7 8 9 10 Ham347.fta 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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