(PC) Freeman v. CDCR DVI ( 2019 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 RONALD FREEMAN, No. 2:18-cv-2438 DB P 11 Plaintiff, 12 v. ORDER AND FINDINGS AND RECOMMENDATIONS 13 CDCR DVI, 14 Defendant. 15 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 17 U.S.C. § 1983. By order dated March 21, 2019, plaintiff’s first amended complaint was screened 18 and dismissed for failure to state a claim. (ECF No. 12.) Plaintiff was directed to file an 19 amended complaint within thirty days and warned that failure to file an amended complaint 20 would result in a recommendation that this action be dismissed. Thereafter, plaintiff filed a 21 motion for an extension of time to file an amended complaint. (ECF No. 17.) The court granted 22 plaintiff additional time in which to file an amended complaint. (ECF No. 18.) 23 The time for filing an amended complaint has now expired and plaintiff has not filed an 24 amended complaint, requested additional time to file an amended complaint, or otherwise 25 responded to the court’s order. 26 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall randomly 27 assign this action to a district judge. 28 //// 1 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See 2 | 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)(1). Within fourteen days 5 | after being served with these findings and recommendations, plaintiff may file written objections 6 | 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.” 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 19, 2019 11 12 B ‘BORAH BARNES UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 DLB:12 19 | □□□□□□□□□□□□□□□□□□□□□□□□□□ Rights/free2438.dism 20 21 22 23 24 25 26 27 28