Burnett v. Caskey et al

Filing 39

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/30/19 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

CARLOS ROMERO BURNETT,

12

No. 2: 17-cv-1856 KJM KJN P

Plaintiff,

13

v.

14

CASKEY, et al.,

15

FINDINGS & RECOMMENDATIONS

Defendants.

16
17

On March 12, 2019, the undersigned granted defendants’ motion to dismiss as to

18

plaintiff’s claim alleging that defendants Soto and Caskey denied plaintiff access to his legal

19

property in violation of his right to access the courts. (ECF No. 38.) The undersigned granted

20

plaintiff thirty days to file a second amended complaint. (Id.) Over thirty days have passed from

21

March 12, 2019, and plaintiff did not file a second amended complaint.

22
23

Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
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

1

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

2

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

3

Dated: April 30, 2019

4
5
6
7
8
Burn1856.fta

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2