(PC) Payne v. Placer County ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES L. PAYNE, No. 2:21-cv-1910-EFB P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 PLACER COUNTY, et al., 15 Defendants. 16 17 Plaintiff is a county jail inmate proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 19 U.S.C. § 636(b)(1). 20 On November 9, 2021, the court screened plaintiff’s complaint pursuant to 28 U.S.C. 21 § 1915A. ECF No. 7. The court dismissed the complaint, explained the deficiencies therein, and 22 granted plaintiff thirty days in which to file an amended complaint to cure the deficiencies. Id. 23 The screening order warned plaintiff that failure to comply would result in a recommendation that 24 this action be dismissed. The time for acting has now passed and despite an extension of time 25 granted to plaintiff (ECF No. 10), he has not filed an amended complaint. Thus, it appears that 26 plaintiff is unable or unwilling to cure the defects in the complaint. 27 ///// 28 ///// ] Accordingly, it is ORDERED that the Clerk randomly assign a United States District 2 | Judge to this action. 3 Further, it is RECOMMENDED that this action be dismissed without prejudice for the 4 | reasons set forth in the November 9, 2021 screening order (ECF No. 7). 5 These findings and recommendations are submitted to the United States District Judge 6 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 7 | after being served with these findings and recommendations, any party may file written 8 | objections with the court and serve a copy on all parties. Such a document should be captioned 9 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 10 | objections shall be served and filed within fourteen days after service of the objections. The 11 | parties are advised that failure to file objections within the specified time may waive the right to 12 | appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 13 | v. Yist, 951 F.2d 1153 (9th Cir. 1991). 14 | Dated: February 17, 2022. 15 □□ PDEA 16 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28