(PC) Stout v. Newsom ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DOUGLAS J. STOUT, et al., No. 2:20-cv-01674-CKD P 12 Plaintiffs, 13 v. ORDER AND 14 THEODORE CURTIS ROWE, et al., FINDINGS AND RECOMMENDATIONS 15 Defendant. 16 17 Plaintiffs are two state prisoners proceeding pro se in this civil rights action filed pursuant 18 to 42 U.S.C. § 1983. Plaintiff Stout has filed a motion to proceed in forma pauperis. However, 19 plaintiff Rowe has not filed any such motion. In light of the fact that this civil rights action was 20 filed as a purported class action by both inmates, the court will deny the pending motion to 21 proceed in forma pauperis as incomplete. 22 By order filed August 31, 2020, plaintiffs’ complaint was dismissed and thirty days leave 23 to file an amended complaint was granted. Following an extension of time, plaintiffs have not 24 filed an amended complaint in the time period provided. 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. Plaintiff Stout’s motion to proceed in forma pauperis (ECF No. 11) is denied as 27 incomplete. 28 2. The Clerk of Court shall randomly assign this matter to a district court judge. 1 IT IS FURTHER 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)(1). Within fourteen days 5 | after being served with these findings and recommendations, plaintiff may file written objections 6 | with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 7 | and Recommendations.” Plaintiff is advised that failure to file objections within the specified 8 | time may waive the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 9 | (9th Cir. 1991). 10 | Dated: December 3, 2020 4 /f / a CAN fe hi. 1 CAROLYN K DELANEY 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 12/stou1674.fta.docx 20 21 22 23 24 25 26 27 28