(PC) Ilsung v. Yarmolyuk ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 VICTORY ILSUNG, No. 2:20-cv-0033-EFB P 11 Plaintiff, 12 v. ORDER AND FINDINGS AND RECOMMENDATIONS 13 YARMOLYUK, et. al., 14 Defendants. 15 16 Plaintiff, a state prisoner, proceeds without counsel in an action brought under 42 U.S.C. 17 § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. 18 § 636(b)(1). 19 On May 13, 2020, the court screened plaintiff’s amended complaint pursuant to 28 U.S.C. 20 § 1915A. ECF No. 9. As with the original complaint, the court dismissed the complaint, 21 explained the deficiencies therein, and granted plaintiff thirty days in which to file an amended 22 complaint to cure the deficiencies. Id. The screening order warned plaintiff that failure to 23 comply would result in a recommendation that this action be dismissed. Despite a sua sponte 24 extension of time granted to plaintiff (ECF No. 11), 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 Accordingly, it is ORDERED that the Clerk is directed to randomly assign a United States 28 District Judge to this action. wOASe 2 EUV UING VE MUO to Pa te AY eT 1 Further, it is RECOMMENDED that this action be DISMISSED without prejudice for the 2 || reasons set forth in the May 13, 2020 screening order (ECF No. 9). 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)(1). Within fourteen days 5 || after being served with these findings and recommendations, any party may file written 6 || objections with the court and serve a copy on all parties. Such a document should be captioned 7 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 8 || objections shall be served and filed within fourteen days after service of the objections. The 9 || parties are advised that failure to file objections within the specified time may waive the right to 10 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 11 | v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 12 | Dated: July 31, 2020. i Vy ZZ, EDMUND F. 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28