(PS) Bizhko v. McKinnon ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RUSLAN A. BIZHKO, No. 2:21-cv-1137-CKD PS 12 Plaintiff, 13 v. ORDER AND 14 THOMAS McKINNON, et al., FINDINGS AND RECOMMENDATIONS 15 Defendants. 16 17 Plaintiff proceeds pro se in this action with allegations against the California Department 18 of Corrections and Rehabilitation, the California Parole Board North Division, the appellate 19 attorney for his criminal case and a fire investigator who testified against him. (ECF No. 1.) This 20 matter was referred to the undersigned by Local Rule 302(c)(3) pursuant to 28 U.S.C. § 636(b). 21 By order signed on July 27, 2021 (ECF No. 3), the court screened the complaint pursuant 22 to 28 U.S.C. § 1915(e) and determined the complaint was subject to dismissal because it did not 23 state a cognizable claim for relief. Plaintiff was granted thirty days to file an amended complaint. 24 Plaintiff was warned that failure to file an amended complaint would result in a recommendation 25 that this action be dismissed. The time granted for plaintiff to file an amended complaint has 26 expired and plaintiff has neither filed an amended complaint nor sought an extension of time to 27 do so. 28 //// ] Accordingly, IT IS ORDERED that the Clerk of Court shall assign a district judge to this 2 || case. 3 In addition, IT IS RECOMMENDED as follows: 4 1. This action be dismissed for failure to state a claim and failure to prosecute. See Fed. 5 R. Civ. P. 41(b); and 6 2. The Clerk of Court be directed to close this case. 7 These findings and recommendations are submitted to the United States District Judge 8 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 9 || after being served with these findings and recommendations, plaintiff may file written objections 10 || with the court and serve a copy on all parties. Such a document should be captioned 11 || “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 12 | failure to file objections within the specified time may waive the right to appeal the District 13 || Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 14 | Dated: September 16, 2021 / aa / a Ly a 1s CAROLYN K DELANEY 16 UNITED STATES MAGISTRATE JUDGE 17 || 8.Bizhko.1137.fta 18 19 20 21 22 23 24 25 26 27 28