(PC) Dodd v. Placer County Sheriff Office ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSEPH PHILIP DODD, No. 2:23-cv-01893-EFB (PC) 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 PLACER COUNTY SHERIFF OFFICE, 15 Defendant. 16 17 Plaintiff, a county jail inmate, proceeds 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 November 29, 2023, the court screened plaintiff’s complaint pursuant to 28 U.S.C. § 21 1915A. ECF No. 3. The court dismissed the complaint for failure to state a claim and granted 22 plaintiff thirty days in which to file an amended complaint to cure the deficiencies or to inform 23 the court of steps he had taken to identify a defendant. Id. The screening order warned plaintiff 24 that failure to comply could result in a recommendation that this action be dismissed. The time 25 for acting has now passed and plaintiff has not filed an amended complaint or otherwise 26 responded to the court’s order.1 Thus, it appears that plaintiff is unable or unwilling to cure the 27 1 Although it appears from the file that plaintiff’s copy of the order was returned, plaintiff was 28 properly served. It is the plaintiff’s responsibility to keep the court apprised of his current address 1 || defects in the complaint. 2 Accordingly, it is ORDERED that the Clerk of Court randomly assign a district judge to 3 | this action. 4 Further, it is RECOMMENDED that this action be DISMISSED without prejudice for the 5 || reasons stated in the November 29, 2023 screening order. 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, any party may file written 9 || objections with the court and serve a copy on all parties. Such a document should be captioned 10 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 11 | objections shall be served and filed within fourteen days after service of the objections. The 12 | parties are advised that failure to file objections within the specified time may waive the right to 13 | appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 14 | v. Yist, 951 F.2d 1153 (9th Cir. 1991). 15 16 || Dated: January 16, 2024 Zot! Uetz (LACHER EDMUND F,. BRENNAN 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 ———— at all times. Pursuant to Local Rule 182(f), service of documents at the record address of the 28 || party is fully effective.