(PC) Sierra v. Director of CDCR ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH ALAN SIERRA, No. 2: 16-cv-1067 MCE KJN P 12 Plaintiff, 13 v. FINDINGS & RECOMMENDATIONS 14 DIRECTOR OF DEPARTMENT OF CORRECTIONS AND 15 REHABILITATION, et al., 16 Defendants. 17 18 Plaintiff is a former prisoner, proceeding without counsel, with a civil rights action 19 pursuant to 42 U.S.C. § 1983. On November 4, 2021, the undersigned recommended that this 20 action be dismissed for failure to prosecute. (ECF No. 92.) On November 15, 2021, plaintiff 21 filed a motion for a sixty-days extension of time to file an amended complaint. (ECF No. 93.) 22 On November 18, 2021, the undersigned vacated the November 4, 2021 findings and 23 recommendations and granted plaintiff sixty days to file an amended complaint. (ECF No. 94.) 24 Sixty days passed and plaintiff did not file an amended complaint. 25 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 26 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 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: January 26, 2022 Foci) Aharon 8 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 9 10 1] 12 13 14 Sier1067.fta 15 16 17 18 19 20 21 22 23 24 25 26 27 28