(PC)Mitchell v. Cueva ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY D. MITCHELL, Jr., No. 2:21-cv-1475-KJM-EFB P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 DANIEL E. CUEVA, Warden, 15 Defendant. 16 17 Plaintiff is a state prisoner 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 March 23, 2022, the court screened plaintiff’s amended complaint pursuant to 28 21 U.S.C. § 1915A. ECF No. 12. The court dismissed the complaint, explained the deficiencies 22 therein, and granted plaintiff thirty days in which to file an amended complaint to cure the 23 deficiencies. Id. The screening order warned plaintiff that failure to comply would result in a 24 recommendation that this action be dismissed. The time for acting has now passed and plaintiff 25 has not filed an amended complaint or otherwise responded to the court’s order. Thus, it appears 26 that plaintiff is unable or unwilling to cure the defects in the complaint. 27 ///// 28 ] Accordingly, 1t is RECOMMENDED that this action be dismissed without prejudice for 2 || the reasons set forth in the March 23, 2022 screening order (ECF No. 12). 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, any party may file written 6 || objections with the court and serve a copy on all parties. Such a document should be captioned 7 || “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 8 | objections shall be served and filed within fourteen days after service of the objections. The 9 || parties are advised that failure to file objections within the specified time may waive the right to 10 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 11 | v. Yést, 951 F.2d 1153 (9th Cir. 1991). 12 || Dated: May 3, 2022. > 14 EDMUND F. BRENNAN 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28