(PS) Peden v. Rogers ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WESLEY ELVIS PEDEN, No. 2:18-cv-2681-JAM-EFB PS 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 MARCIA ROGERS, et al., 15 Defendants. 16 17 On July 6, 2020, the court screened plaintiff’s complaint pursuant to 28 U.S.C. 18 § 1915(e)(2). The court dismissed the complaint for failure to state a claim, explained the 19 deficiencies therein, and granted plaintiff thirty days in which to file an amended complaint to 20 cure the deficiencies. ECF No. 5. The order warned plaintiff that failure to file an amended 21 complaint could result in the dismissal of this action. The time for acting has passed and plaintiff 22 has not filed an amended complaint or otherwise responded to the court’s order. Thus, it appears 23 that plaintiff is unable to cure the defects in the complaint. 24 Accordingly, it is RECOMMENDED that this action be DISMISSED without prejudice 25 for failure to state a claim as set forth in the July 6, 2020 order. ECF No. 5. 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, any party may file written WAS 2.10 UV VEVOLVEAINIT EA be RVVUETIOCTIL PO VOPeTey FP OAYye eve 1 || objections with the court and serve a copy on all parties. Such a document should be captioned 2 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 3 || objections shall be served and filed within fourteen days after service of the objections. The 4 | parties are advised that failure to file objections within the specified time may waive the right to 5 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 6 || v. Yist, 951 F.2d 1153 (9th Cir. 1991). 7 | Dated: August 10, 2020. tid, PDEA EDMUND F. BRENNAN 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28