(PC) Perry v. Lewis

2:17-cv-01979 | E.D. Cal. | Dec 19, 2018

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA LAWRENCE PERRY, No. 2:17-cv-1979-JAM-EFB P Plaintiff, v. ORDER J. LEWIS, et al., Defendants. Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

On October 23, 2018, the magistrate judge filed findings and recommendations herein which were served on plaintiff and which contained notice to plaintiff that any objections to the findings and recommendations were to be filed within fourteen days. Despite an extension of time to comply with the June 29, 2018 order, plaintiff has not filed an amended complaint, nor has he filed objections to the findings and recommendations.

The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed October 23, 2018, are adopted in full; and 2. This action is dismissed without prejudice. Fed. R. Civ. P. 41(b); E. D. Cal. Local Rule

110. DATED: December 18, 2018

/s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE

1