1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JUSTIN M. THUEMLER, No. 2:24-cv-2059 DC CKD P 12 Plaintiff, 13 v. 14 TEHAMA COUNTY JAIL, et al., FINDINGS AND RECOMMENDATIONS 15 Defendants. 16 17 On September 11, 2025, plaintiff’s amended complaint was dismissed with leave to file a 18 second amended complaint. The second amended complaint was due on October 13, 2025, and 19 plaintiff has not filed a second amended complaint. 20 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 21 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 22 These findings and recommendations are submitted to the United States District Judge 23 assigned to the case, pursuant to the provisions of

(b)(l). Within fourteen days 24 after being served with these findings and recommendations, plaintiff may file written objections 25 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 26 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 27 ///// 28 ///// 1 || time waives the right to appeal the District Court’s order. Martinez v. YIst,

(9th 2 | Cir. 1991). 3 | Dated: October 27, 2025 Card Kt | / ye □□□ 4 CAROLYNK.DELANEY 5 UNITED STATES MAGISTRATE JUDGE 6 7 8 thue2059 ft 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28