(PC) Bianchi v. Vlastelica ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALFRED JOHN BIANCHI, No. 2:21-cv-1211 KJN P 12 Plaintiff, 13 v. ORDER AND FINDINGS & RECOMMENDATIONS 14 LANA VLASTELICA, et al., 15 Defendants. 16 17 By order filed October 7, 2021, plaintiff’s complaint was dismissed and thirty days leave 18 to file an amended complaint was granted. On December 27, 2021, plaintiff’s notice of 19 amendment was disregarded, and plaintiff was granted thirty days in which to file an amended 20 complaint that complied with the October 7, 2021 order. Plaintiff was cautioned that failure to 21 file an amended complaint could result in the dismissal of this action. Thirty days have now 22 passed, and plaintiff has not filed an amended complaint, or otherwise responded to the court’s 23 order. 24 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is 25 directed to assign a district judge to this case; and 26 IT IS RECOMMENDED that this action be dismissed without prejudice. See Local Rule 27 110; Fed. R. Civ. P. 41(b). 28 //// ] 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 fourteen days 3 || after being served with these findings and recommendations, plaintiff may file written objections 4 || with the court and serve a copy on all parties. Such a document should be captioned 5 || “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 6 || failure to file objections within the specified time may waive the right to appeal the District 7 || Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 8 | Dated: February 14, 2022 Foci) Aharon 10 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 1 biant211.Fa 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28