(PC) Kutterer v. Facility Wellpath Medical

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA MARCUS KUTTERER, No. 2:23-cv-2970 TLN KJN P 12 Plaintiff, 13 v. FINDINGS & RECOMMENDATIONS FACILITY WELLPATH MEDICAL, et al., Defendants.

18 By order filed February 6, 2024, plaintiff’s amended complaint was dismissed and thirty days leave to file a second amended complaint was granted. Thirty days from that date have now passed, and plaintiff has not filed a second amended complaint, or otherwise responded to the court’s order.

22 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).

24 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 “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 (9th Cir. 1991).

3 | Dated: March 12, 2024 Cad □ ht fa he 4 CAROLYNK. DELANEY 5 UNITED STATES MAGISTRATE JUDGE || Kutt2970.fta 1]