(PS) Storman v. Alta Regional Center ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL DAVID STORMAN, No. 2:20-cv-0907-KJM-CKD (PS) 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 ALTA REGIONAL CENTER, 15 Defendant. 16 17 Plaintiff proceeds pro se in this action, which was referred to the undersigned pursuant to 18 Local Rule 302(c)(3). See 28 U.S.C. § 636(b)(1). In an order signed on December 28, 2020, 19 plaintiff’s first amended complaint was dismissed without prejudice and plaintiff was granted 20 thirty days to file a second amended complaint. Plaintiff filed an appeal to the Ninth Circuit and 21 the appeal was dismissed on January 28, 2021. The mandate issued on February 18, 2021. The 22 time granted for plaintiff to file a second amended complaint has expired and plaintiff has neither 23 filed a second amended complaint nor sought an extension of time to do so. 24 Accordingly, IT IS RECOMMENDED: 25 1. This action be dismissed for failure to prosecute. See Fed. R. Civ. P. 41(b); and 26 2. The Clerk of the Court be directed to close this case. 27 These findings and recommendations are submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 1 | after being served with these findings and recommendations, plaintiff may file written objections 2 || with the court and serve a copy on all parties. Such a document should be captioned 3 || “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 4 || failure to file objections within the specified time may waive the right to appeal the District 5 || Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 6 | Dated: July 23, 2021 / hice ANKE) flo CAROLYNK.DELANEY 4 8 UNITED STATES MAGISTRATE JUDGE 9 10 11 || 8.storman.20cv0907.fta 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28