(PC) Cast v. D'Agostini

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL CAST, No. 2:23-cv-1428 KJN P 12 Plaintiff, 13 v. ORDER and FINDINGS AND RECOMMENDATIONS 14 JOHN D’AGOSTINI, et al., 15 Defendants. 16 17 By an order filed December 28, 2023, this court ordered plaintiff to complete and return to 18 the court, within thirty days, the Notice of Submission of Documents, along with the three copies 19 of the second amended complaint required to effect service on defendants. Plaintiff was warned 20 that failure to return the required documents within the specified time period would result in a 21 recommendation that this action be dismissed. (ECF No. 17 at 2.) The thirty-day period has 22 since passed, and plaintiff has not responded in any way to the court’s order. 23 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is 24 directed to assign a district judge to this case; and 25 IT IS RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. 26 P. 41(b). 27 These findings and recommendations will be submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 1 | after being served with these findings and recommendations, plaintiff may file written objections 2 || with the court. The document should be captioned “Objections to Findings and 3 || Recommendations.” Plaintiff is advised that failure to file objections within the specified time 4 | may waive the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th 5 || Cir. 1991). 6 || Dated: January 31, 2024 Foci) Aharon 8 KENDALL J. NE Jeastl428.fusm UNITED STATES MAGISTRATE JUDGE 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28