(PS) Layton v. Webull Financial LLC ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BARRY LAYTON, No. 2:22-cv-1810 TLN DB PS 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 WEBULL FINANCIAL LLC, 15 Defendant. 16 17 Plaintiff Barry Layton is proceeding in this action pro se. This matter was referred to the 18 undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). By order 19 signed June 30, 2023, plaintiff’s complaint was dismissed and plaintiff was granted leave to file 20 an amended complaint that cured the defects noted in that order. (ECF No. 19.) Plaintiff was 21 granted twenty-eight days from the date of service of the order to file an amended complaint and 22 was specifically cautioned that the failure to respond to the court’s order in a timely manner 23 would result in a recommendation that this action be dismissed. The twenty-eight-day period has 24 long since expired and plaintiff has not responded to the court’s order in any manner. 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 fourteen days 1 | after being served with these findings and recommendations, any party may file written 2 | objections 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.” Any reply to the objections 4 | shall be served and filed within fourteen days after service of the objections. The parties are 5 | advised that failure to file objections within the specified time may waive the right to appeal the 6 | District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 7 | Dated: November 1, 2023 8 9 10 ORAH BARNES UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DBlorders/orders:pro se/layton1810.dlop.f&rs 25 26 27 28