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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 FLETCHER LEGARDY, No. 2:23-cv-1055 TLN DB PS 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 UNKNOWN, 15 Defendant. 16 17 Plaintiff Fletcher Legardy is proceeding in this action pro se. This matter was referred to 18 the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). By order 19 signed September 25, 2023, plaintiff’s complaint was dismissed and plaintiff was granted leave to 20 file an amended complaint that cured the defects noted in that order. (ECF No. 4.) Plaintiff was 21 granted twenty-eight days from the date of service of the order to file an amended complaint and 22 was specifically cautioned that the failure to respond to the court’s order in a timely manner 23 would result in a recommendation that this action be dismissed. The twenty-eight-day period has 24 long since expired and plaintiff has not filed an amended complaint.1 25 //// 26

27 1 While plaintiff did not file an amended complaint, on October 12,…