- 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 DONTA DEON IVORY, No. 2:19-cv-2268-JAM-EFB P 11 Plaintiff, 12 v. FINDINGS AND RECOMMENDATIONS 13 DAVITA DIALYSIS CORP., et al., 14 Defendants. 15 16 Plaintiff proceeds without counsel in an action brought under 42 U.S.C. § 1983. This 17 proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). 18 On March 26, 2020, the court screened plaintiff’s complaint pursuant to 28 U.S.C. 19 § 1915A. ECF No. 8. The court dismissed the complaint, explained the deficiencies therein, and 20 granted plaintiff thirty days in which to file an amended complaint to cure the deficiencies. Id. 21 The screening order warned plaintiff that failure to comply would result in a recommendation that 22 this action be dismissed. Despite an extension of time granted to plaintiff, the time for acting has 23 now passed and plaintiff has not filed an amended complaint. Thus, it appears that plaintiff is 24 unable or unwilling to cure the defects in the complaint. 25 Accordingly, it is RECOMMENDED that this action be DISMISSED without prejudice 26 for the reasons set forth in the March 26, 2020 screening order (ECF No. 8). 27 These findings and recommendations are submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days wOAOe 2 LUV VELVOTVEAINIT ET RO MVVUETIOCTIL tO PR ee AY eT 1 | after being served with these findings and recommendations, any party may file written 2 || objections with the court and serve a copy on all parties. Such a document should be captioned 3 || “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 4 | objections shall be served and filed within fourteen days after service of the objections. The 5 || parties are advised that failure to file objections within the specified time may waive the right to 6 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 7 | v. Yist, 951 F.2d 1153 (9th Cir. 1991). 8 || Dated: June 12, 2020. 9 10 “ EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Document Info
Docket Number: 2:19-cv-02268
Filed Date: 6/15/2020
Precedential Status: Precedential
Modified Date: 6/19/2024