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(PC) Mitchell v. Wade ( 2021 )


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  • 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RODNEY MITCHELL, No. 2:20-cv-0183 AC P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 R.M. WADE, 15 Defendant. 16 17 On June 10, 2021, plaintiff’s complaint was screened. ECF No. 5. At that time it was 18 determined that the pleading failed to state a claim upon which relief may be granted, and 19 plaintiff was given thirty days leave to file an amended complaint. See id. at 3-4, 6 (finding 20 single Eighth Amendment claim against sole defendant was not cognizable). Thirty days from 21 that date have since passed, and plaintiff has neither filed an amended complaint nor responded to 22 the court’s order in any way. 23 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court randomly assign a 24 District Court Judge to this action. 25 IT IS FURTHER RECOMMENDED that this action be DISMISSED without prejudice 26 for failure to prosecute. See Local Rule 110; Fed. R. Civ. P. 41(b). 27 These findings and recommendations are submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one days 1 | after being served with these findings and recommendations, plaintiff may file written objections 2 || with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 3 || and Recommendations.” Plaintiff advised that failure to file objections within the specified 4 | time may waive the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 5 | (th Cir. 1991). 6 || DATED: July 20, 2021 ~ 7 Htttenr— Lhor—e_ ALLISON CLAIRE 8 UNITED STATES MAGISTRATE JUDGE 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Document Info

Docket Number: 2:20-cv-00183

Filed Date: 7/20/2021

Precedential Status: Precedential

Modified Date: 6/19/2024