Espino v. Arnold

Filing 14

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 09/27/19 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARTIN ESPINO,

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No. 2:17-cv-2198 KJM AC P

Plaintiff,

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v.

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ERIC ARNOLD,

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FINDINGS AND RECOMMENDATIONS

Defendant.

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On June 3, 2019, the undersigned ordered plaintiff to file an amended complaint within

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thirty days. ECF No. 9. Thereafter, on June 19, 2019, plaintiff filed a request for a ninety-day

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extension of time to file the amended complaint, which was granted on June 24, 2019. ECF Nos.

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12, 13. More than ninety days from that date have now passed, and plaintiff has not filed an

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amended complaint or otherwise 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. Such a document should be captioned “Objections to Magistrate Judge’s Findings

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and Recommendations.” Plaintiff is advised that failure to file objections within the specified
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time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153

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(9th Cir. 1991).

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DATED: September 27, 2019

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