(PC) Johnson v. Ruiz ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 PAUL SAMUEL JOHNSON, No. 2:20-cv-0291-JAM-EFB P 11 Plaintiff, 12 v. FINDINGS AND RECOMMENDATIONS 13 RUIZ, et al., 14 Defendants. 15 16 Plaintiff, a state prisoner, proceeds without counsel in an action brought under 42 U.S.C. 17 § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. 18 § 636(b)(1). 19 On April 10, 2020, the court screened plaintiff’s original and amended complaints 20 pursuant to 28 U.S.C. § 1915A. ECF No. 12. The court dismissed the complaints, 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. Despite filing a multitude of documents 24 since the screening order issued, plaintiff has not filed an amended complaint or otherwise 25 responded to the court’s April 10 order. Thus, it appears that plaintiff is unable or unwilling to 26 cure the defects in the complaint. 27 ///// 28 ///// wOAOe 2 EUV EYL VAIN MUO et PIR te PAY eT 1 Accordingly, it is RECOMMENDED that this action be DISMISSED without prejudice 2 | for the reasons set forth in the April 10, 2020 screening order (ECF No. 12). 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: July 31, 2020. 13 tid, PDEA 4 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28