(PC) Davis v. County of Sacramento ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FITZGERALD DAVIS, No. 2:20-cv-1347 DB P 12 Plaintiff, 13 v. ORDER 14 COUNTY OF SACRAMENTO, et al., 15 Defendants. 16 17 Plaintiff is county jail detainee proceeding pro se with a civil rights lawsuit pursuant to 42 18 U.S.C. § 1983. Plaintiff alleges that the Rio Consumnes Correctional Center is not complying 19 with the Center for Disease Control’s guidelines on COVID-19. 20 By order dated July 17, 2020, the complaint was dismissed with leave to amend for failure 21 to state a claim. (ECF No. 4.) Plaintiff was directed to file an amended complaint within sixty 22 days and warned that failure to do so may result in a recommendation that this action be 23 dismissed. The time to file an amended complaint has expired and plaintiff has not filed an 24 amended complaint, requested additional time to file an amended complaint, updated his address, 25 or otherwise responded to the court’s order. Because plaintiff has failed to do so, the court will 26 recommend that this action be dismissed. 27 Accordingly, the Clerk of the Court is ORDERED to randomly assign this action to a 28 district judge. wOAOe 2 OU UV VETERINARY Oe 1 IT IS HEREBY RECOMMENDED that this action be dismissed. See Local Rule 110; 2 | Fed. R. Civ. P. 41(b). 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, plaintiff may file written objections 6 || 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.” Plaintiff is advised that 8 | failure to file objections within the specified time may waive the right to appeal the District 9 | Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991), 10 || Dated: September 23, 2020 11 12 13 BORAH BARNES 14 UNITED STATES MAGISTRATE JUDGI 15 16 17 18 19 20 || pB:12 DB:1/Orders/Prisoner/Civil.Rights/davi1347.f&rs.dism 21 22 23 24 25 26 27 28