(PC) Gunn v. Stanton Correctional Facility ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 AUMINTRIUS DAMOUR GUNN, No. 2:21-cv-0409 AC P 12 Plaintiff, 13 v. ORDER AND FINDINGS & RECOMMENDATIONS 14 STANTON CORRECTIONAL FACILITY, et al., 15 Defendants. 16 17 18 By order filed August 10, 2021, the complaint was screened and found to not state a claim 19 for relief. ECF No. 8. Plaintiff was given thirty days to file an amended complaint and cautioned 20 that failure to do so would result in a recommendation that this action be dismissed. Id. at 6. The 21 record reflects that after plaintiff filed a notice of change of address in another case, the screening 22 order was re-served on plaintiff at his new address on October 6, 2021. After plaintiff failed to 23 file an amended complaint, he was given an additional twenty-one days to amend the complaint 24 and warned that failure to do so would result in a recommendation that this action be dismissed 25 without further warning. ECF No. 11. Twenty-one days have now passed, and plaintiff has not 26 filed an amended complaint or otherwise responded to the court’s order. 27 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to 28 randomly assign a United States District Judge to this action. ] IT IS FURTHER RECOMMENDED that the complaint be dismissed for failure to state a 2 | claim for the reasons set forth in the August 10, 2021 Screening Order (ECF No. 8). See L.R. 3 || 110; Fed. R. Civ. P. 41(b); 28 U.S.C. § 1915A. 4 These findings and recommendations are submitted to the United States District Judge 5 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 6 || after being served with these findings and recommendations, plaintiff may file written objections 7 || with the court and serve a copy on all parties. Such a document should be captioned 8 | “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 9 || failure to file objections within the specified time may waive the right to appeal the District 10 | Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 11 | DATED: January 3, 2022 ~ 12 thin Chane ALLISON CLAIRE 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28