(PC) Rodriguez v. City of Stockton ( 2019 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 STEVEN R. RODRIGUEZ, No. 2:19-cv-0739 TLN DB P 10 Plaintiff, 11 v. FINDINGS AND RECOMMENDATIONS 12 CITY OF STOCKTON, et al., 13 Defendants. 14 15 Plaintiff is a county prisoner proceeding pro se with a civil rights action pursuant to 42 16 U.S.C. § 1983. Plaintiff alleges several claims related to criminal charges brought against him in 17 the San Joaquin County Superior Court in 2017. 18 By order dated July 31, 2019, the court screened and dismissed plaintiff’s complaint for 19 failure to state a claim. (ECF No. 7.) Plaintiff was given thirty days leave to file an amended 20 complaint and warned that failure to file an amended complaint would result in a 21 recommendation that this action be dismissed. Those thirty days have passed, and plaintiff has 22 not filed an amended complaint, requested additional time to file an amended complaint, or 23 otherwise responded to the court’s order. 24 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 25 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, plaintiff may file written objections 1 || with the court and serve a copy on all parties. Such a document should be captioned 2 || “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 3 | failure to file objections within the specified time may waive the right to appeal the District 4 | Court’s order. Martinez v. Y1st, 951 F.2d 1153 (9th Cir. 1991). 5 || Dated: October 22, 2019 g ‘BORAH BARNES UNITED STATES MAGISTRATE JUDGE 9 10 11 □□□□□□□□□□□□□□□□□□□□□□□ Riphts/tode0799.diom 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28