(PS) Tautau v. IHSS - Kern County ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 TWYLLA TAUTAU, No. 2:19-cv-600-KJM-EFB PS 11 Plaintiff, 12 v. FINDINGS AND RECOMMENDATIONS 13 KERN COUNTY I.H.S.S., RIVERSIDE COUNTY I.H.S.S., CALIFORNIA 14 DEPARTMENT OF CORRECTIONS, BAKERSFIELD POLICE 15 DEPARTMENT, KERN COUNTY SHERIFF’S DEPARTMENT, F.B.I., 16 Defendants. 17 18 19 On August 6, 2020, the court screened plaintiff’s complaint pursuant to 28 U.S.C. 20 § 1915(e)(2). The court dismissed the complaint for failure to state a claim, explained the 21 deficiencies therein, and granted plaintiff thirty days in which to file an amended complaint to 22 cure the deficiencies. ECF No. 3. The order warned plaintiff that failure to file an amended 23 complaint could result in the dismissal of this action. The time for acting has passed and plaintiff 24 has not filed an amended complaint or otherwise responded to the court’s order.1 Thus, it appears 25 that plaintiff is unable to cure the defects in the complaint. 26 1 Although it appears from the file that plaintiff’s copy of the order was returned, plaintiff 27 was properly served. It is the plaintiff’s responsibility to keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of 28 the party is fully effective. wOASe 2 LDU VME I MUO POI Ie AY ee 1 Accordingly, it is RECOMMENDED that this action be DISMISSED without prejudice 2 | for failure to state a claim as set forth in the August 6, 2020 order (ECF No. 3). 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: September 9, 2020. 13 tid, PDEA EDMUND F. BRENNAN 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28