(PC) Melger v. County of Placer ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS JOSEPH MELGER, No. 2:18-cv-3045 CKD P 12 Plaintiff, 13 v. ORDER AND 14 COUNTY OF PLACER, et al., FINDINGS AND RECOMMENDATIONS 15 Defendants. 16 17 By order filed July 23, 2019, plaintiff’s amended and second complaints were dismissed 18 and thirty days leave to file a third amended complaint was granted. Plaintiff was warned that 19 failure to file a third amended complaint within 30 days would result in a recommendation that 20 this action be dismissed. The thirty-day period has now expired, and plaintiff has not filed a third 21 amended complaint. 22 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district 23 court judge to this case; and 24 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See 25 Local Rule 110; Fed. R. Civ. P. 41(b). 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen after 28 being served with these findings and recommendations, plaintiff may file written objections with 1 | thecourt. The document should be captioned “Objections to Magistrate Judge’s Findings and 2 | Recommendations.” Plaintiff is advised that failure to file objections within the specified time 3 | waives the right to appeal the District Court’s order. Martinez v. Y1st, 951 F.2d 1153 (9th Cir. 4} 1991). 5 || Dated: September 10, 2019 f Pee a4 if / /, CAN fu fl. ay 6 CAROLYN K. DELANEY 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 | 4 melg3045.fta 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28