(PC) Dunsmore v. State of CA ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DARRYL DUNSMORE, No. 2:21-cv-1711 TLN AC P 12 Plaintiff, 13 v. FINDINGS & RECOMMENDATIONS 14 STATE OF CALIFORNIA, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 18 42 U.S.C. § 1983. By order filed December 15, 2022, the complaint was screened and found to 19 not state a claim for relief. ECF No. 8. Plaintiff was given an initial thirty days to amend the 20 complaint (id. at 7), followed by an additional twenty-one days to amend the complaint when he 21 failed to file an amended complaint within the time provided (ECF No. 11). After plaintiff once 22 again failed to file an amended complaint, the undersigned recommended that the complaint be 23 dismissed for failure to state a claim. ECF No. 12. Those findings and recommendations were 24 withdrawn after plaintiff filed a motion for an extension of time, and he was given an additional 25 sixty days to file an amended complaint. ECF No. 14. In granting the extension, the court 26 warned plaintiff that no further extensions of time would be granted absent a showing of 27 extraordinary cause and failure to file an amended complaint would result in a recommendation 28 /// 1 | that this action be dismissed without further warning. Id. at 2. Sixty days have now passed, and 2 | plaintiff has not filed an amended complaint or otherwise responded to the court’s order. 3 Accordingly, IT IS HEREBY RECOMMENDED that the complaint be dismissed for 4 | failure to state a claim for the reasons set forth in the December 15, 2022 Screening Order (ECF 5 || No. 8). See L.R. 110; Fed. R. Civ. P. 41(b); 28 U.S.C. § 1915A. 6 These findings and recommendations are submitted to the United States District Judge 7 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 8 | after being served with these findings and recommendations, plaintiff may file written objections 9 || with the court and serve a copy on all parties. Such a document should be captioned 10 | “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 11 | failure to file objections within the specified time may waive the right to appeal the District 12 || Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 13 | DATED: September 11, 2023. 14 ~ 15 ththienr—Chnp—e_ ALLISON CLAIRE 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28