(PC) Kendrid v. Forester ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 FORREST KENDRID, No. 2:18-cv-0112-KJM-EFB P 11 Plaintiff, 12 v. FINDINGS AND RECOMMENDATIONS 13 B. FORESTER, et al., 14 Defendants. 15 16 Plaintiff is a civil detainee proceeding without counsel and in forma pauperis in an action 17 brought under 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 18 pursuant to 28 U.S.C. § 636(b)(1). 19 On October 8, 2019, the court screened plaintiff’s amended complaint pursuant to 28 20 U.S.C. § 1915(e)(2)(B)(ii). ECF No. 24. The court dismissed the complaint, explained the 21 deficiencies therein, and granted plaintiff thirty days in which to file an amended complaint to 22 cure the deficiencies. Id. The screening order warned plaintiff that failure to comply would 23 result in a recommendation that this action be dismissed. The time for acting has now passed and 24 plaintiff has not filed an amended complaint.1 Thus, it appears that plaintiff is unable or 25 unwilling to cure the defects in the complaint. 26 27 1 The court notes that on November 1, 2019, plaintiff sought reconsideration of the screening order. ECF No. 25. On November 20, 2019, the district judge affirmed the screening 28 order. ECF No. 26. 1 Accordingly, it is RECOMMENDED that this action be DISMISSED without prejudice 2 | for the reasons set forth in the October 8, 2019 screening order (ECF No. 24). 3 These findings and recommendations are submitted to the United States District Judge 4 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 5 || after being served with these findings and recommendations, any party may file written 6 || objections with the court and serve a copy on all parties. Such a document should be captioned 7 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 8 || objections shall be served and filed within fourteen days after service of the objections. The 9 || parties are advised that failure to file objections within the specified time may waive the right to 10 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 11 | v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 12 | Dated: January 22, 2020. 13 Littl ADEM □□ EDMUND F. BRENNAN 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28