(PC) Taylor v. Koubong

Opinion

1 2 3 4 5 6 7 10 11 WAYNE TAYLOR, No. 2:24-cv-1871 TLN CSK P 12 Plaintiff, 13 v. FINDINGS & RECOMMENDATIONS 14 S. KOUBONG, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 18 to 42 U.S.C. § 1983. For the following reasons, this Court recommends that this action be 19 dismissed. 20 On August 27, 2024, this Court dismissed plaintiff’s second amended complaint with 21 thirty days to file a third amended complaint. (ECF No. 18.) On October 3, 2024, this Court 22 granted plaintiff a thirty-day extension of time to file the third amended complaint. (ECF No. 23 24.) On November 18, 2024, this Court granted plaintiff a second thirty-day extension of time to 24 file the third amended complaint. (ECF No. 26.) On December 30, 2024, this Court denied 25 plaintiff’s third motion for a thirty-day extension of time to file the third amended complaint. 26 (ECF No. 29.) In the December 30, 2024 order, this Court granted plaintiff fourteen days to file 27 the third amended complaint. (Id.) This Court ordered that no further extensions of time to file a 28 third amended complaint would be granted. (Id.) This Court warned plaintiff that failure to file a 1 | third amended complaint within that time would result in a recommendation of dismissal of this 2 || action. (Id.) Fourteen days passed from December 30, 2024 and plaintiff did not file a third 3 || amended complaint. 4 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 5 || prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 6 These findings and recommendations are submitted to the United States District Judge 7 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 8 | after being served with these findings and recommendations, plaintiff may file written objections 9 || with the court and serve a copy on all parties. Such a document should be captioned 10 || “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 11 | failure to file objections within the specified time may waive the right to appeal the District 12 || Court’s order. Martinez v. YIst, 951 F.2d 1153 (th Cir. 1991). 13 14 | Dated: January 27, 2025 4 aA i Aan Spe | CHI SOO KIM 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 | tayis7itta 20 21 22 23 24 25 26 27 28