(PC) Simmons v. Alcantara

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA JEREMIAH SIMMONS, No. 2:19-cv-2492 KJN P 12 Plaintiff, 13 v. ORDER AND FINDINGS & RECOMMENDATIONS PIA MANAGER ALCANTARA, 15 Defendants.

17 By order filed July 15, 2020, plaintiff’s amended complaint was dismissed and sixty days leave to file a second amended complaint was granted. Sixty days from that date have now passed, and plaintiff has not filed a second amended complaint, or otherwise responded to the court’s order.

21 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign a district judge to this case; and 23 IT IS RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).

25 These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being served with these findings and recommendations, plaintiff may file written objections with the court and serve a copy on all parties. Such a document should be captioned wOASe METI PRINUING □□ or POO Oe Oy Ove | “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that | failure to file objections within the specified time may waive the right to appeal the District | Court’s order. Martinez v. YIst, 951 F.2d 1153 (th Cir. 1991).

4 | Dated: September 29, 2020 Fens Arn 6 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 7 jsimm2492.fta