Lena v. Foulk, et al.

Filing 29

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 2/8/2017 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL ANGELO LENA,

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No. 2:15-cv-2276 TLN DB P

Plaintiff,
v.

FINDINGS & RECOMMENDATIONS

FRED FOULK, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action under

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42 U.S.C. § 1983. By order filed May 11, 2016 (ECF No. 17), plaintiff’s complaint was

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dismissed and thirty days leave to file an amended complaint was granted. On December 27,

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2016 (ECF No. 28), plaintiff was given an additional thirty days to file an amended complaint.

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Plaintiff was advised that his failure to do so would result in dismissal of this action. Thirty days

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from that date have now passed, and plaintiff has not filed an amended complaint, or otherwise

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responded to the court’s order.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, plaintiff may file written objections
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with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that

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failure to file objections within the specified time may waive the right to appeal the District

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Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: February 8, 2017

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DLB1/prisoner-civil rights/lena2276.fta

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