(PC) Dailey v. Ellis

Opinion

SHARON N. DAILEY, No. 2:23-cv-0786 TLN CSK P Plaintiff, v. FINDINGS AND RECOMMENDATIONS JOHN B. ELLIS, et al., Defendants. Plaintiff is a former county jail inmate proceeding pro se. By order filed July 8, 2024, plaintiff’s first amended complaint was dismissed, and sixty days leave to file a second amended complaint was granted. (ECF No. 18.) Plaintiff failed to file a second amended complaint. Sixty days have passed, and plaintiff has not filed a second amended complaint or otherwise responded to the Court’s order. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 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. The document should be captioned “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections within the specified time waives the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). Dated: September 13, 2024 ~ Ch Spo UNITED STATES MAGISTRATE JUDGE /1/dail0786.fta2 1]