(PC) Boone v. Ruby ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NICKY BOONE, No. 2:20-cv-02100 WBS DB P 12 Plaintiff, 13 v. FINDINGS & RECOMMENDATIONS 14 RUBY, et al., 15 Defendants. 16 17 By order filed January 21, 2021, the court screened plaintiff’s first amended complaint 18 and ordered plaintiff to either (a) file a second amended complaint curing the deficiencies 19 identified by the court in this order; or (b) notify the court in writing he wishes to stand on his 20 first amended complaint as written. (ECF No. 20.) Plaintiff was cautioned that failure to respond 21 to the court’s order would result in a recommendation that this action be dismissed for failure to 22 obey a court order and failure to prosecute. The time period given has expired and plaintiff has 23 not filed an amended complaint, requested an extension of time, or otherwise responded to the 24 court’s order. 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 thirty (30) 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. Y1st, 951 F.2d 1153 (9th Cir. 1991). 6 || Dated: March 18, 2022 7 8 9 ‘BORAH BARNES pLB7 UNITED STATES MAGISTRATE JUDGE b00n2100.f1a2 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28