(PC) Powell v. Lynch ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ADAM RANDOLPH POWELL, No. 2: 23-cv-2275 KJN P 12 Plaintiff, 13 v. ORDER & FINDINGS & RECOMMENDATIONS 14 JEFF LYNCH, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 18 to 42 U.S.C. § 1983. For the reasons stated herein, the undersigned recommends that this action 19 be dismissed. 20 On October 18, 2023, the undersigned issued an order screening plaintiff’s complaint. 21 (ECF No. 7.) The undersigned found that the complaint stated potentially colorable claims 22 against defendants Lynch and Does 1-4 based on their alleged failure to have the ventilation in 23 plaintiff’s cell repaired. (Id.) The undersigned found that plaintiff’s claims against defendants 24 Lynch and Doe 4 based solely on their supervisory status and all claims against defendants Andes 25 and O’Brien were not potentially colorable. (Id.) 26 In the October 18, 2023 order, the undersigned granted plaintiff thirty days to either file an 27 amended complaint or return the notice indicating that he opted to proceed on the original 28 complaint as to the potentially colorable claims against defendants Lynch and Does 1-4. (Id.) 1 || The October 18, 2023 order warned plaintiff that failure to comply with the order would result in 2 || recommendation that this action be dismissed. (Id.) 3 Thirty days passed from October 18, 2023 and plaintiff did not file an amended complaint 4 || or the notice indicating that he opted to proceed on the potentially colorable claims against 5 || defendants Lynch and Does 1-4. 6 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall appoint a 7 || district judge to this action; and 8 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See 9 || Local Rule 110; Fed. R. Civ. P. 41(b). 10 These findings and recommendations are submitted to the United States District Judge 11 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 12 || after being served with these findings and recommendations, plaintiff may file written objections 13 || with the court and serve a copy on all parties. Such a document should be captioned 14 | “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 15 || failure to file objections within the specified time may waive the right to appeal the District 16 || Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 17 || Dated: November 30, 2023 i Aectl Aharon 19 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 20 21 Pow2275.fta 22 23 24 25 26 27 28