(PC) Singleton v. Baugham ( 2021 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 DE’VON-SAMUEL JAMES- No. 2:18-cv-02633 TLN DB P SINGLETON PERKINS, 11 Plaintiff, 12 FINDINGS AND RECOMMENDATIONS v. 13 D. BAUGHAM, et al., 14 Defendants. 15 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 18 U.S.C. § 1983. By order dated May 25, 2021, the court screened the plaintiff’s first amended 19 complaint pursuant to 28 U.S.C. § 1915A(a) and determined it did not contain any cognizable 20 claims. (ECF No. 16.) Plaintiff was given thirty days leave to file an amended complaint and 21 warned that failure to file an amended complaint would result in a recommendation that this 22 action be dismissed. (ECF No. 16 at 9.) Those thirty days have passed, and plaintiff has not filed 23 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 //// 27 //// 28 //// 1 For the reasons state above, IT IS HEREBY RECOMMENDED that this action be 2 || dismissed without prejudice. See 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 thirty days after 5 || being served with these findings and recommendations, plaintiff may file written objections with 6 | 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. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 || Dated: August 23, 2021 11 12 B ORAH BARNES UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 DELUDE Prisoner Inbox/Civil Rights/R/sing2 633 fr.dism 20 21 22 23 24 25 26 27 28