(PC) Tamrat v. CDCR ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HERMAN TAMRAT, No. 2: 22-cv-1873 KJN P 12 Plaintiff, 13 v. ORDER & FINDINGS & RECOMMENDATIONS 14 CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., 15 Defendants. 16 17 18 By order filed November 2, 2022, plaintiff’s complaint was dismissed and thirty days 19 leave to file an amended complaint was granted. (ECF No. 6.) Thirty days from that date passed, 20 and plaintiff did not file an amended complaint. Accordingly, the undersigned recommends that 21 this action be dismissed. 22 On November 4, 2022, plaintiff filed a motion to stay this action. (ECF No. 9.) Plaintiff 23 alleges that he will be released from prison custody on November 14, 2022. (Id.) Plaintiff 24 alleges that he will be temporarily homeless upon his release. (Id.) Plaintiff requests that this 25 action be stayed until he obtains a mailing address. (Id.) 26 Records from the California Department of Corrections and Rehabilitation (“CDCR”) 27 indicate that plaintiff was not released from prison on November 14, 2022, and that plaintiff is 28 still in prison. Therefore, plaintiff’s custody status did not impact his ability to prepare an 1 | amended complaint. Because plaintiff is still in prison, plaintiff's motion to stay is denied 2 || without prejudice. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The Clerk of the Court is directed to appoint a district judge to this action; 5 2. Plaintiff's motion to stay (ECF No. 9) is denied without prejudice; and 6 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See 7 || Local Rule 110; Fed. R. Civ. P. 41(b). 8 These findings and recommendations are submitted to the United States District Judge 9 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 10 || after being served with these findings and recommendations, plaintiff may file written objections 11 || with the court and serve a copy on all parties. Such a document should be captioned 12 || “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 13 || failure to file objections within the specified time may waive the right to appeal the District 14 || Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 15 || Dated: December 8, 2022 6 Aectl Aharon 17 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 18 19 20 21 Tam1873.fta 22 23 24 25 26 27 28