(PC) Mendoza v. Matteson ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN GILBERT MENDOZA, No. 2:24-cv-0816 CKD P 12 Plaintiff, 13 v. 14 G. MATTESON, et al., ORDER AND 15 Defendants. FINDINGS AND RECOMMENDATIONS 16 17 On October 2, 2024, plaintiff’s amended complaint was dismissed with leave to amend. 18 In that order, plaintiff was warned that failure to file a second amended complaint would result in 19 a recommendation that this action be dismissed. The amended complaint was due on November 20 4, 2024, and plaintiff has not filed an amended complaint. 21 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district 22 court judge to this case. 23 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See 24 Local Rule 110; Fed. R. Civ. P. 41(b). 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, plaintiff may file written objections 28 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 1 | and Recommendations.” Plaintiff is advised that failure to file objections within the specified 2 || time waives the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th 3 || Cir. 1991). 4 || Dated: November 15, 2024 Card it | [. la (g— 5 CAROLYN K DELANEY? 6 UNITED STATES MAGISTRATE JUDGE 7 8 9 || mendosi6.tta 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28