(PC) Avila v. U.S. Marshals ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NEHEMIAH AVILA, No. 2:23-cv-0136 CKD P 12 Plaintiff, 13 v. ORDER AND 14 UNITED STATES MARSHALS, et al., FINDINGS AND RECOMMENDATIONS 15 Defendants. 16 17 On March 2, 2023, plaintiff’s complaint was dismissed and thirty days leave to file an 18 amended complaint was granted. The thirty-day period has now expired, and plaintiff has not 19 filed an amended complaint. 20 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district 21 court judge to this case; and 22 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See 23 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. The document should be captioned “Objections to Magistrate Judge’s Findings 28 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 1 || time waives the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th 2 | Cir. 1991). 3 | Dated: April 19, 2023 Card Kt | ([z4 □□□ 4 CAROLYNK.DELANEY 5 UNITED STATES MAGISTRATE JUDGE 6 7 8 | 1 avil0136.fta 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28