(PS) Rogers v. Newsome ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KIM EDWARD ROGERS, No. 2:21-cv-2180 DAD DB PS 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 GAVIN NEWSOME, Governor of California, Rob Bonta, Attorney General of 15 California, 16 Defendants. 17 18 Plaintiff Kim Edward Rogers is proceeding in this action pro se. This matter was referred 19 to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). By 20 order signed April 15, 2022, 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 the amended complaint and was 23 specifically cautioned that the failure to respond to the court’s order in a timely manner could 24 result in a recommendation that this action be dismissed. (Id. at 3.) The twenty-eight-day period 25 has expired, and plaintiff has not responded to the court’s order in any manner. 26 //// 27 //// 28 //// 1 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 2 | prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 3 These findings and recommendations will be submitted to the United States District Judge 4 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 5 | after being served with these findings and recommendations, plaintiff may file written objections 6 | with the court. A document containing objections should be titled “Objections to Magistrate 7 | Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections within 8 | the specified time may, under certain circumstances, waive the right to appeal the District Court’s 9 | order. See Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 10 | Dated: October 18, 2022 11 12 B ‘BORAH BARNES UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 DLB:6 19 | pB\orders\orders.pro se\rogers? 180.fta.f&rs 20 21 22 23 24 25 26 27 28