(PC) Ausborn v. CHCF ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 RANDY AUSBORN, No. 2:20-cv-593-KJM-JDP P 11 Plaintiff, 12 v. FINDINGS AND RECOMMENDATIONS 13 CHCF, et. al., 14 Defendants. 15 16 Plaintiff proceeds without counsel in an action brought under 42 U.S.C. § 1983. This 17 proceeding was referred to this court by Local Rule 302pursuant to 28 U.S.C. § 636(b)(1). 18 OnApril 23, 2020,the court screened plaintiff’s complaint pursuant to 28 U.S.C. 19 § 1915A. ECFNo. 8. The court dismissed the complaint, explained the deficiencies therein, and 20 granted plaintiff thirty days in which to file an amended complaint to cure the deficiencies. Id. 21 The screening order warned plaintiff that failure to comply would result in a recommendation that 22 this action be dismissed. Despite a 60-day extension of time granted on July 1, 2020 (ECF No. 23 13), the time for acting has passed and plaintiff has not filed an amended complaint or responded 24 to the order granting the 60-day extension of time. Thus, it appears that plaintiff is unableor 25 unwillingto cure the defects in the complaint. 26 Accordingly,it is RECOMMENDED that this action be DISMISSED without prejudice 27 for the reasons set forth in the April 23, 2020screening order (ECF No. 8). 28 ///// wOASe 2 OVE SING INI VET MUO LO POM ANI Ee OY OO 1 These findings and recommendations are submitted to the United States District Judge 2 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 3 | after being served with these findings and recommendations, any party may file written 4 | objections with the court and serve a copy on all parties. Such a document should be captioned 5 || “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 6 || objections shall be served and filed within fourteen days after service of the objections. The 7 || parties are advised that failure to file objections within the specified time may waive the right to 8 || appeal the District Court’s order. Turner vy. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 9 | v. Vist, 951 F.2d 1153 (9th Cir. 1991). 10 || Dated: October 6, 2020 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28