D'Agostini

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL CAST, No. 2:23-cv-1428 KJN P Plaintiff, v. ORDER and FINDINGS AND

RECOMMENDATIONS

JOHN D’AGOSTINI, et al., Defendants. 16 By an order filed December 28, 2023, this court ordered plaintiff to complete and return to the court, within thirty days, the Notice of Submission of Documents, along with the three copies of the second amended complaint required to effect service on defendants. Plaintiff was warned that failure to return the required documents within the specified time period would result in a recommendation that this action be dismissed. (ECF No. 17 at 2.) The thirty-day period has since passed, and plaintiff has not responded in any way to the court’s order. In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign a district judge to this case; and IT IS RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. P. 41(b).…