(PC) Van Huisen v. DEA ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY S. VAN HUISEN, No. 2:23-cv-1116 KJM KJN P 12 Plaintiff, 13 v. FINDINGS & RECOMMENDATIONS 14 DRUG ENFORCEMENT AGENCY, etal., 15 Defendants. 16 17 By order filed October 10, 2023, plaintiff’s pleading was dismissed, and thirty days leave 18 to file a third amended complaint was granted. On October 24, 2023, plaintiff was granted an 19 additional sixty days in which to file a third amended complaint. Sixty days from that date have 20 now expired, and plaintiff has not filed a third amended complaint or otherwise responded to the 21 court’s order. 22 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 23 prejudice. See 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 may waive the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 2 | (9th Cir. 1991). 3 | Dated: December 28, 2023 ' Foci) Aharon 5 KENDALL J. NE fvanh1116.fta.ext UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28