(PC) Hamilton v. CDCR ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALBERT JOHN HAMILTON, No. 2: 23-cv-00347 DJC KJN P 12 Plaintiff, 13 v. FINDINGS & RECOMMENDATIONS 14 DEPARTMENT OF CORRECTIONS, 15 Defendant. 16 17 By order filed June 6, 2023, the undersigned granted plaintiff forty-five days to either 18 obtain counsel to represent him in this action or to file an amended complaint. Forty-five days 19 from that date have passed, and plaintiff has not filed an amended complaint, or otherwise 20 responded to the court’s order. 21 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 22 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 23 These findings and recommendations are submitted to the United States District Judge 24 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 25 after being served with these findings and recommendations, plaintiff may file written objections 26 with the court and serve a copy on all parties. Such a document should be captioned 27 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 28 //// 1 | failure to file objections within the specified time may waive the right to appeal the District 2 | Court’s order. Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 3 || Dated: July 26, 2023 ' Foci) Aharon 5 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 6 7 8 Ham347.fta(2) 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28