(PC) Albin v. CHCF ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 SHAWN ALBIN, No. 2:20-cv-535-WBS-JDP P 11 Plaintiff, 12 v. FINDINGS AND RECOMMENDATIONS 13 CHCF, 14 Defendant. 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. ECF No. 7. The court dismissed the complaint, explained the deficiencies therein,and 20 gaveplaintiff thirty days tofile an amended complaint to cure the deficiencies. Id. Thescreening 21 order warned plaintiff that failure to comply would result in a recommendation that this action be 22 dismissed. Despite several extensions of time, including a 60-day extension granted on July 30, 23 2020 (ECF No. 14), the time for acting has passed and plaintiff has not filed an amended 24 complaint or responded to the most recent order granting an extension of time. Thus, it appears 25 that plaintiff is unableor 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. 7). 28 ///// wOAOe 2 EUV VO RSE MUO A I eT OY ee 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 11 —\N panne Reon □ Db STATE GISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28