(PC) Barela v. Stockton Police Department ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 OSCAR BARELA, No. 2:22-cv-01209 TLN DB P 12 Plaintiff, 13 v. FINDINGS & RECOMMENDATIONS 14 STOCKTON POLICE DEPARTMENT, 15 Defendant. 16 17 18 By order filed January 23, 2023, the court found plaintiff’s complaint failed to state a 19 claim and thirty days leave to file an amended complaint was granted. The time granted has 20 expired and plaintiff has not filed an amended complaint, or otherwise responded to the court’s 21 order. 22 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 23 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after being served with these findings and recommendations, plaintiff may file written objections 27 with the court and serve a copy on all parties. Such a document should be captioned 28 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 1 | failure to file objections within the specified time may waive the right to appeal the District 2 | Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 | Dated: March 24, 2023 4 5 6 | pes ‘BORAH BARNES are 1208.fta UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28