1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BENJAMIN ROBERT GALLEGOS, No. 2:25-cv-0327 DAD CKD P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 THAYER, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and seeking relief pursuant to

1983. On March 20, 2025, plaintiff’s amended complaint was dismissed with leave to file a 19 second amended complaint. The second amended complaint was due on April 21, 2025. Plaintiff 20 has not filed a second amended complaint. 21 Accordingly, IT IS HEREBY RECOMMENDED that: 22 1. This action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 23 41(b). 24 2. Plaintiff’s request for injunctive relief, ECF No. 13, be denied as moot. 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of

(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,

(9th 3 || Cir. 1991). 4 | Dated: April 30, 2025 Card ke yy a 5 CAROLYN K DELANEY? 6 UNITED STATES MAGISTRATE JUDGE 7 8 9} 1 gall0327.fta 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28