1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FELIPE POLANCO. DIAZ, No. 2:24-cv-3339 DC CSK P 12 Plaintiff, 13 v. FINDINGS & RECOMMENDATIONS 14 GENA JONES, et al., 15 Defendants. 16 17 By order filed April 22, 2025, plaintiff’s complaint was dismissed, and thirty days leave to 18 file an amended complaint was granted. (ECF No. 7.) Plaintiff failed to file an amended 19 complaint, and on June 12, 2025, the Court recommended that the action be dismissed. (ECF No. 20 10.) On July 7, 2025, plaintiff filed a motion for extension of time to amend. (ECF No. 11.) On 21 July 11, 2025, the prior findings and recommendations were vacated, and plaintiff was granted 22 sixty days to file an amended complaint. (ECF No. 12.) Sixty days from that date have now 23 passed, and plaintiff has not filed an amended complaint, or otherwise responded to the Court’s 24 order. 25 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 26 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). Plaintiff’s complaint was dismissed five 27 months ago. Though plaintiff was previously granted an extension to file an amended complaint 28 after failing to meet the initial deadline to amend, plaintiff has still not filed an amended 1 | complaint. 2 These findings and recommendations are submitted to the United States District Judge 3 || assigned to the case, pursuant to the provisions of

(b)(1). Within fourteen days 4 || after being served with these findings and recommendations, plaintiff may file written objections 5 || with the court and serve a copy on all parties. Such a document should be captioned 6 || “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 7 || failure to file objections within the specified time may waive the right to appeal the District 8 | Court’s order. Martinez v. Yist,

(9th Cir. 1991). 9 Dated: September 22, 2025 10 Vp - CC : Chan Spo 11 CHI SOO KIM 12 | srncen3339.ne0 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28