(PS) Sanders v. Sacramento Sheriff's Department ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SASSUS SANDERS, No. 2:22-cv-1232-TLN-CKD PS 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 SACRAMENTO SHERIFF’S DEPARTMENT, et al., 15 Defendants. 16 17 18 Plaintiff filed a pro se complaint, and then a first amended complaint, seeking relief under 19 42 U.S.C. § 1983. This matter was referred to the undersigned by Local Rule 302(c)(21) pursuant 20 to 28 U.S.C. § 636(b). 21 By order signed and filed on October 24, 2022 (ECF No. 5), the undersigned screened the 22 first amended complaint pursuant to 28 U.S.C. § 1915(e), advised plaintiff of the deficiencies in 23 the first amended complaint, and granted plaintiff thirty days to file a further amended complaint. 24 Plaintiff was warned that failure to file a further amended complaint would result in a 25 recommendation that this action be dismissed. The time granted for plaintiff to file a further 26 amended complaint has expired. Plaintiff has neither filed a further amended complaint nor 27 sought an extension of time to do so. 28 ] Based on the foregoing, and for the reasons set forth in the October 24, 2022 screening 2 || order (ECF No. 5), IT IS HEREBY RECOMMENDED: 3 1. This action be dismissed for failure to state a claim and failure to prosecute. See Fed. 4 R. Civ. P. 41(b); and 5 2. The Clerk of the Court be directed to close this case. 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 “Objections 10 || to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 11 || objections within the specified time may waive the right to appeal the District Court’s order. 12 || Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 13 | Dated: December 15, 2022 / ae □□ / a Ly a 4 CAROLYN K DELANEY 15 UNITED STATES MAGISTRATE JUDGE 16 || 8.Sanders22cv1232.fta.fr 17 18 19 20 21 22 23 24 25 26 27 28