(PC) McPherson v. Green ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL B. MCPHERSON, No. 2:23-cv-0811 WBS KJN P 12 Plaintiff, 13 v. FINDINGS & RECOMMENDATIONS 14 J. GREENE, CCI, et al., 15 Defendants. 16 17 By order filed June 30, 2023, plaintiff’s complaint was dismissed and thirty days leave to 18 file an amended complaint was granted. On August 8, 2023, plaintiff was granted an additional 19 thirty days in which to file an amended complaint.1 Thirty days from that date have now expired, 20 and plaintiff has not filed an amended complaint or otherwise 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 1 The court also explained that plaintiff’s requests for default and default judgment were 26 premature because no defendant has yet been served with process. (ECF No. 18.) Despite such 27 explanation, plaintiff continues to seek entry of default. (ECF Nos. 19, 21.) Because no operative pleading is on file and no defendant has yet been served with process, entry of default 28 remains premature. 1 | after being served with these findings and recommendations, plaintiff may file written objections 2 || with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 3 || and Recommendations.” Plaintiff is advised that failure to file objections within the specified 4 | time may waive the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 5 || (9th Cir. 1991). 6 || Dated: September 27, 2023 Foci) Aharon 8 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 9 /meph08 1 1.fta 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28