(PC) Iseli v. The ALEG ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRANDEN WILLIE ISELI, No. 2:23-cv-0067 DB P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 THE ALEG, 15 Defendant. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 18 U.S.C. § 1983. Plaintiff claims his right have been violated based on his housing status. 19 By order dated May 17, 2023, the undersigned screened and dismissed the complaint for 20 failure to state a claim. (ECF No. 12.) Plaintiff was granted thirty days leave to file an amended 21 complaint and advised that failure to file an amended complaint would result in a 22 recommendation that this action be dismissed. (Id.) Thereafter, plaintiff submitted a request for 23 review asking “to attend physicly [sic] to properly review and deliberate such grantable for relief 24 and resolvement [sic] directly for all related to such matter directly, proceeding such process of 25 due process physically [sic], and verbally if possible.” (ECF No. 15 at 2.) The undersigned 26 denied the request without prejudice and again ordered plaintiff to file an amended complaint 27 within thirty days. (ECF No. 16.) Plaintiff was again advised that failure to file an amended 28 complaint would result in a recommendation that this action be dismissed. 1 Those thirty days have passed and plaintiff has not filed an amended complaint, requested 2 | additional time to file an amended complaint, or otherwise responded to the court’s order. 3 | Accordingly, the undersigned will recommend that this action be dismissed for failure to 4 | prosecute and failure to comply with court orders. 5 For the reasons set forth above, the Clerk of the Court is ORDERED to randomly assign 6 | this action to a United States District Judge. 7 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See 8 || E.D. Cal. Local Rule 110; Fed. R. Civ. P. 41(b). 9 These findings and recommendations are submitted to the United States District Judge 10 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within twenty days 11 | after being served with these findings and recommendations, plaintiff may file written objections 12 | with the court and serve a copy on all parties. Such a document should be captioned “Objections 13 | to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 14 || objections within the specified time may waive the right to appeal the District Court’s order. 15 | Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 16 || Dated: November 3, 2023 17 18 19 ORAH BARNES UNITED STATES MAGISTRATE JUDGE 20 || DB/DB Prisoner Inbox/Civil Rights/R/isel0067.fta.f&r 21 22 23 24 25 26 27 28