IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
July 29, 2008
RICKY BERDARE CLAYBURN, PLAINTIFF,
E.J. SCHIRMER, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Gregory G. Hollows U.S. Magistrate Judge
FINDINGS & RECOMMENDATIONS
By order filed February 28, 2008, plaintiff's second amended complaint was dismissed and thirty-five days leave to file a third amended complaint was granted. The thirty-five day period has now expired, and plaintiff has not filed a third amended complaint.*fn1
Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 11-110; Fed. R. Civ. P. 41(b).
These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty days after being served with these findings and recommendations, plaintiff may file written objections with the court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Plaintiff is advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).