(PC) Yocom v. Allison

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL ALAN YOCOM, No. 2:21-cv-00311-TLN-DB P 12 Plaintiff, 13 v. FINDINGS & RECOMMENDATIONS 14 KATHLEEN ALLISON, 15 Defendant. 16 17 By order filed on September 23, 2021 (ECF No. 29), plaintiff was notified his complaint 18 failed to state a claim on which relief may be granted. In the same order, plaintiff was granted 30 19 days to file an amended complaint, a notice of voluntary dismissal, or a notice of election to stand 20 on the complaint as filed. The 30-day time period granted has expired, and plaintiff has not filed 21 an amended complaint or otherwise responded to the court’s order. 22 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 23 prejudice for failure to obey a court order and failure to prosecute. See Local Rule 110; Fed. R. 24 Civ. P. 41(b). 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 30 days after 27 being served with these findings and recommendations, plaintiff may file written objections with 28 the court and serve a copy on all parties. Such a document should be captioned “Objections to 1 | Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 2 || objections within the specified time may waive the right to appeal the District Court’s order. 3 || Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 | Dated: January 11, 2022 5 6 4 DLB7 ORAH BARNES yoco.0311 fta UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28