1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JUSTIN RYAN TERVEER, No. 2:23-cv-03048-SCR P 12 Plaintiff, 13 v. ORDER AND FINDINGS & RECOMMENDATIONS 14 GENA JONES, et al., 15 Defendants. 16 17 By order filed October 4, 2024, plaintiff’s complaint was found not to state any claim and 18 sixty days leave to file an amended complaint was granted. The time granted for that purpose has 19 expired, and plaintiff has not filed an amended complaint, or otherwise responded to the court’s 20 order. 21 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is 22 directed to assign a district judge to this case; and 23 IT IS RECOMMENDED that this action be dismissed without prejudice for failure to 24 state a claim, for the reasons set out in the order filed October 4; for failure to prosecute; and for 25 failure to follow a court order. See Local Rule 110; Fed. R. Civ. P. 41(b). 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of

(b)(l). Within 21 days after 28 being served with these findings and recommendations, plaintiff may file written objections with 1 | the court and serve a copy on all parties. Such a document should be captioned “Objections to 2 || Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 3 || objections within the specified time may waive the right to appeal the District Court’s order. 4 | Martinez v. YIst,

(9th Cir. 1991). 5 | DATED: December 12, 2024 mk 7 g SEAN C. RIORDAN UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28