(PS) Atsbaha v. Barr ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MULUGETA ATSBAHA, No. 2:19-cv-1462 KJM DB PS 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 WILLIAM BARR, ATTORNEY GENERAL, 15 16 Defendant. 17 18 Plaintiff is proceeding in this action pro se. This matter was, therefore, referred to the 19 undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). By order 20 signed November 14, 2019, plaintiff’s complaint was dismissed, and plaintiff was granted leave 21 to file an amended complaint that cured the defects noted in that order. (ECF No. 3.) Plaintiff 22 was granted twenty-eight days from the date of that order to file an amended complaint and was 23 specifically cautioned that the failure to respond to the court’s order in a timely manner would 24 result in a recommendation that this action be dismissed. The twenty-eight-day period has 25 expired, and plaintiff has not responded to the court’s order in any manner. 26 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 27 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 28 //// 1 These findings and recommendations will be 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 (14) 3 | days after being served with these findings and recommendations, plaintiff may file written 4 | objections with the court. A document containing objections should be titled “Objections to 5 | Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 6 | objections within the specified time may, under certain circumstances, waive the right to appeal 7 || the District Court’s order. See Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 8 | Dated: February 6, 2020 9 10 ll ‘BORAH BARNES UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DLB:6 26 | DBiorders\orders.pro se\atsbahal 462. fta.f&rs 27 28