(SS)(PS) Weston v. Commissioner of Social Security ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROCHELLE WESTON, JORDAN No. 2:19-cv-262-EFB PS SMITH, 12 Plaintiffs, 13 ORDER AND FINDINGS AND v. RECOMMENDATIONS 14 SOCIAL SECURITY 15 ADMINISTRATION, et al., 16 Defendants. 17 18 On August 28, 2020, the court screened plaintiff’s complaint pursuant to 28 U.S.C. 19 § 1915(e)(2).1 The court dismissed the complaint for failure to state a claim, explained the 20 deficiencies therein, and granted plaintiff thirty days in which to file an amended complaint to 21 cure the deficiencies. ECF No. 3. The order warned plaintiff that failure to file an amended 22 complaint could result in the dismissal of this action. Id. The time for acting has passed and 23 plaintiff has not filed an amended complaint or otherwise responded to the court’s order. Thus, it 24 appears that plaintiff is unable or unwilling to cure the defects in the complaint. 25 Accordingly, it is hereby ORDERED that the Clerk of the Court shall randomly assign a 26 United States District Judge to this action. 27 1 This action, in which plaintiff is proceeding in propria persona, was referred to the 28 undersigned under Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1). 2 fh VV ONIN EMU POO ee OY oe 1 Further, it is RECOMMENDED that this action be DISMISSED without prejudice for 2 | failure to state a claim as set forth in the August 28, 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, plaintiff may file written objections 6 | with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 7 || and Recommendations.” Failure to file objections within the specified time may waive the right 8 || to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); 9 | Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 10 || Dated: September 29, 2020. 11 Doolin 7 Sod 4 12 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28