(PC) Colbourn v. Done ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ORRIN TYLER COLBOURN, No. 2:19-cv-2308 JAM KJN P 12 Plaintiff, 13 v. FINDINGS & RECOMMENDATIONS 14 DONE, et al., 15 Defendants. 16 17 Plaintiff is an inmate in the Butte County Jail. By order filed January 29, 2020, plaintiff’s 18 complaint was dismissed and thirty days leave to file an amended complaint was granted. On 19 March 5, 2020, and April 14, 2020, plaintiff’s requests for extension of time were granted. 20 Plaintiff’s amended complaint was due on or before May 14, 2020. (ECF No. 29.) Such 21 deadline has now expired, and plaintiff has not filed an amended complaint or otherwise 22 responded to the court’s order.1 23 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 24 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 25 1 Plaintiff has filed various letters and notices, but none could be construed as an amended 26 pleading. (ECF Nos. 32-34.) In addition, on May 15, 2020, plaintiff filed a notice of grievance re 27 trust account statement. However, a trust account statement has been filed in this action, and plaintiff was granted leave to proceed in forma pauperis. Thus, no further trust account statement 28 is required in this action. wOAOe 2 LDV VM EVUOUVEAINTUING IN RAVIOLI ete OY oO 1 These findings and recommendations are submitted to the United States District Judge 2 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within thirty days after 3 | being served with these findings and recommendations, plaintiff may file written objections with 4 | the court. The document should be captioned “Objections to Magistrate Judge’s Findings and 5 | Recommendations.” Plaintiff is advised that failure to file objections within the specified 6 || time may waive the right to appeal the District Court’s order. Martinez v. Y1st, 951 F.2d 1153 7 | (9th Cir. 1991). 8 | Dated: May 21, 2020 Fens Arn 10 KENDALL J. NE Jeolb2308 fta UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28