(PC) Simmons v. Alcantara ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEREMIAH SIMMONS, No. 2:19-cv-2492 KJN P 12 Plaintiff, 13 v. ORDER AND FINDINGS & RECOMMENDATIONS 14 PIA MANAGER ALCANTARA, 15 Defendants. 16 17 By order filed July 15, 2020, plaintiff’s amended complaint was dismissed and sixty days 18 leave to file a second amended complaint was granted. Sixty days from that date have now 19 passed, and plaintiff has not filed a second amended complaint, or otherwise responded to the 20 court’s order. 21 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is 22 directed to assign a district judge to this case; and 23 IT IS RECOMMENDED that this action be dismissed without prejudice. See Local Rule 24 110; Fed. R. Civ. P. 41(b). 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, plaintiff may file written objections 28 with the court and serve a copy on all parties. Such a document should be captioned wOASe METI PRINUING □□ or POO Oe Oy Ove 1 | “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 2 | failure to file objections within the specified time may waive the right to appeal the District 3 | Court’s order. Martinez v. YIst, 951 F.2d 1153 (th Cir. 1991). 4 | Dated: September 29, 2020 Fens Arn 6 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 7 jsimm2492.fta 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28