(PC) Taylor v. Koubong et al

Filing 31

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Chi Soo Kim on 01/27/2025 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Deputy Clerk KS)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WAYNE TAYLOR, 12 13 14 No. 2:24-cv-1871 TLN CSK P Plaintiff, v. FINDINGS & RECOMMENDATIONS 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 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 5 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 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)(l). 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. Ylst, 951 F.2d 1153 (9th Cir. 1991). 13 14 Dated: January 27, 2025 15 16 17 18 19 Tay1871.fta/2 20 21 22 23 24 25 26 27 28 2

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