(PC)Elliott v. Ehlers ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER ELLIOTT, No. 2:22-cv-1040 TLN KJN P 12 Plaintiff, 13 v. FINDINGS & RECOMMENDATIONS 14 R. EHLERS, et al., 15 Defendants. 16 17 On November 21, 2022, plaintiff’s amended complaint was dismissed and thirty days 18 leave to file an amended complaint was granted. On January 25, 2023, plaintiff was granted an 19 additional thirty days in which to file a second amended complaint. On February 23, 2023, the 20 order was re-served on plaintiff at his new address of record. Thirty days from that date have 21 expired, and plaintiff has not filed a second amended complaint or otherwise responded to the 22 court’s order. 23 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 24 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, plaintiff may file written objections 28 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 1 | and Recommendations.” Plaintiff is advised that failure to file objections within the specified 2 | time may waive the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 3 || (9th Cir. 1991). 4 | Dated: March 28, 2023 Foci) Aharon 6 KENDALL J. NE /elli1040.fta.ext UNITED STATES MAGISTRATE JUDGE 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28