(PC) Myers v. CDCR ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 BYRON CHAPIN MYERS, No. 2:20-cv-0153 DB P 11 Plaintiff, 12 v. ORDER AND FINDINGS AND RECOMMENDATIONS 13 CALIFORNIA DEPARTMENT OF CORRECTIONS AND 14 REHABILIATION, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 18 U.S.C. § 1983. Plaintiff claims that defendant has failed to accommodate his disability. By order 19 dated September 8, 2020, the court screened the complaint and determined it did not contain any 20 cognizable claims. (ECF No. 6.) Plaintiff was given sixty days leave to file an amended 21 complaint and warned that failure to file an amended complaint would result in a 22 recommendation that this action be dismissed. Those sixty days have passed, and plaintiff has not 23 filed an amended complaint, requested additional time to file an amended complaint, or otherwise 24 responded to the court’s order. Accordingly, the court will recommend that this action be 25 dismissed for failure to prosecute and failure to comply with court orders. 26 For the reasons state above, the Clerk of the Court is ORDERED to randomly assign a 27 district judge to this action. 28 //// 1 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See 2 | Local Rule 110; 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)(). 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: November 23, 2020 11 12 13 14 BORAH BARNES UNITED STATES MAGISTRATE JUDGE 15 16 DB:12 17 | pp:t/orders/Prisoner/Civil Rights/myer0153.f8r.dism 18 19 20 21 22 23 24 25 26 27 28