(PC) Parnell v. Wheeler ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 J.P. PARNELL, No. 2:21-cv-01182-CKD P 12 Plaintiff, 13 v. ORDER AND 14 WHEELER, et al., FINDINGS AND RECOMMENDATIONS 15 Defendants. 16 17 By order filed January 7, 2022, the court screened plaintiff’s first amended complaint and 18 gave him the option of proceeding on the Eighth Amendment excessive force claim against 19 defendant Wheeler or of filing a second amended complaint to fix the deficiencies identified in 20 the screening order. ECF No. 14. Plaintiff filed a notice of election indicating his desire to file 21 an amended complaint. ECF No. 16. As a result, the plaintiff was granted 30 days in which to 22 file a second amended complaint. ECF No. 17. The thirty day period has now expired, and 23 plaintiff has not filed an amended complaint or otherwise responded to the court’s order. Plaintiff 24 has consented to this court’s jurisdiction pursuant to 28 U.S.C. § 636(c) and Local Rule 302. 25 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court randomly assign this 26 matter to a district court judge. 27 IT IS FURTHER RECOMMENDED that: 28 1. Plaintiff’s motion for a preliminary injunction (ECF No. 15) be denied as moot. ] 2. This action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 2 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. The 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 || (9th Cir. 1991). 10 | Dated: March 15, 2022 / ae □□ / a Ly a i CAROLYN K DELANEY 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 || 12/parn1182.fta(2)+pi.docx 16 17 18 19 20 21 22 23 24 25 26 27 28