IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
August 27, 2012
IQTADAR AHMED, PLAINTIFF,
SAN JOAQUIN REGIONAL RAIL COMMISSION, DEFENDANT.
FINDINGS AND RECOMMENDATIONS
This case, in which plaintiff is proceeding in forma pauperis and in propria persona, was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1) and Eastern District of California Local Rule 302(c)(21). On June 27, 2012, the undersigned dismissed plaintiff's second amended complaint, but provided plaintiff thirty days to file a third amended complaint. Dckt. No. 41. The order explained that "[f]ailure to timely file a third amended complaint in accordance with this order will result in a recommendation this action be dismissed." Id. at 11.
The deadline has now passed and plaintiff has not filed a third amended complaint.*fn1
Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice, and that the Clerk be directed to close this case. Fed. R. Civ. P. 41(b); L.R. 110.
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 fourteen days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Failure to file objections within the specified time may waive the right to appeal the District Court's order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).