(PC)Muller v. United States of America ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MONTY MULLER, No. 2:20-cv-2332 DB 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 UNITED STATES OF AMERICA, et al., 15 Defendants. 16 17 This action was initiated after plaintiff’s claims were severed from two other plaintiffs 18 also proceeding pro se. Plaintiffs’ claims arise from his son’s pretrial detainment at the 19 Sacramento County Jail. 20 By order dated November 23, 2020, plaintiff was directed to file an amended complaint 21 and warned that failure to file an amended complaint would result in a recommendation that this 22 action be dismissed. (ECF No. 2.) Those thirty days have passed, and plaintiff has not filed an 23 amended complaint, requested additional time to file an amended complaint, or otherwise 24 responded to the court’s order. Therefore, the court will recommend that this action be dismissed 25 for failure to prosecute and failure to comply with court orders. 26 Accordingly, the Clerk of the Court is ORDERED to randomly assign this action to a 27 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 thirty days after 5 | being served with these findings and recommendations, plaintiff may file written objections with 6 | 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: February 5, 2021 11 12 B ORAH BARNES UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 DB:12 21 || DB:1/Orders/Prisoner/Civil Rights/dai0735.f&rs 22 23 24 25 26 27 28