(PC) Dailey v. Ellis ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SHARON N. DAILEY, No. 2:23-cv-0786 TLN CSK P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 JOHN B. ELLIS, et al., 15 Defendants. 16 17 Plaintiff is a former county jail inmate proceeding pro se. By order filed July 8, 2024, 18 plaintiff’s first amended complaint was dismissed, and sixty days leave to file a second amended 19 complaint was granted. (ECF No. 18.) Plaintiff failed to file a second amended complaint. Sixty 20 days have passed, and plaintiff has not filed a second amended complaint or otherwise responded 21 to the 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 waives the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th 2 | Cir. 1991). 3 4 Dated: September 13, 2024 ~ Ch Spo 5 CHI SOO KIM 6 UNITED STATES MAGISTRATE JUDGE 7 || /1/dail0786.fta2 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28