(PC) Chandler v. Allison ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY TYRELL CHANDLER, No. 2:20-cv-0289 AC P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 KATHLEEN ALLISON, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil 18 rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On June 10, 2021, plaintiff’s complaint was screened and found not to state any claims 21 upon which relief could be granted. See ECF No. 16. As a result, plaintiff was given thirty days 22 leave to file an amended complaint, and he was cautioned that failure to file an amended 23 complaint would result in a dismissal of this action. See id. at 7. More than thirty days from that 24 date have now passed, and plaintiff has not filed an amended complaint or otherwise responded to 25 the court’s order. 26 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall randomly assign a 27 District Court Judge to this action. 28 //// ] IT IS FURTHER RECOMMENDED that this action be DISMISSED without prejudice. 2 || See 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 twenty-one days 5 || after being served with these findings and recommendations, plaintiff may file written objections 6 || with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 7 || and Recommendations.” Plaintiff is advised that failure to file objections within the specified 8 | time may waive the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 9 | (th Cir. 1991). 10 || DATED: September 2, 2021 ~ Lhar—e_ 2 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28