(PC) Kutterer v. Facility Wellpath Medical

Opinion

1 2 3 4 5 6 7 10 11 MARCUS KUTTERER, No. 2:23-cv-2970 TLN KJN P 12 Plaintiff, 13 v. FINDINGS & RECOMMENDATIONS 14 FACILITY WELLPATH MEDICAL, et al., 15 Defendants. 16

17 18 By order filed February 6, 2024, plaintiff’s amended complaint was dismissed and thirty 19 days leave to file a second amended complaint was granted. Thirty days from that date have now 20 passed, and plaintiff has not filed a second amended complaint, or otherwise responded to the 21 court’s order. 22 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 23 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after being served with these findings and recommendations, plaintiff may file written objections 27 with the court and serve a copy on all parties. Such a document should be captioned 28 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 1 | failure to file objections within the specified time may waive the right to appeal the District 2 | Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 3 | Dated: March 12, 2024 Cad □ ht fa he 5 UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 || Kutt2970.fta 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28