(PC) Poynter v. Peterson ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARKICE POYNTER, No. 2:21-cv-0012-EFB P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 B. PETERSON, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel and in forma pauperis in an action 18 brought under 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 19 pursuant to 28 U.S.C. § 636(b)(1). 20 On September 7, 2021, the court screened plaintiff’s amended complaint pursuant to 28 21 U.S.C. § 1915A. ECF No. 18. The court dismissed the amended complaint, explained the 22 deficiencies therein, and granted plaintiff thirty days in which to file an amended complaint to 23 cure the deficiencies. Id. The screening order warned plaintiff that failure to comply would 24 result in a recommendation that this action be dismissed. The time for acting has now passed and 25 plaintiff has not filed an amended complaint. Thus, it appears that plaintiff is unable or unwilling 26 to cure the defects in the complaint. 27 ///// 28 ///// ] Accordingly, it is ORDERED that the Clerk randomly assign a United States District 2 || Judge to this action. 3 Further, it is RECOMMENDED that this action be DISMISSED without prejudice for the 4 | reasons set forth in the September 7, 2021 screening order (ECF No. 18). 5 These findings and recommendations are submitted to the United States District Judge 6 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 7 || after being served with these findings and recommendations, any party may file written 8 || objections with the court and serve a copy on all parties. Such a document should be captioned 9 || “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 10 || objections shall be served and filed within fourteen days after service of the objections. The 11 | parties are advised that failure to file objections within the specified time may waive the right to 12 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 13 | v. Yist, 951 F.2d 1153 (9th Cir. 1991). 14 | Dated: October 19, 2021. > 15 / EDMUND F. BRENNAN 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28