(PC) Dickerson v. High Desert State Prison

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEFFREY DICKERSON, No. 2:24-cv-00589-EFB (PC) 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 HIGH DESERT STATE PRISON, et al., 15 Defendants. 16 Plaintiff, a state inmate, proceeds without counsel in an action brought under 42 U.S.C. § 17 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 18 636(b)(1). 19 On November 13, 2024, the court screened plaintiff’s complaint pursuant to 28 U.S.C. § 20 1915A. ECF No. 6. The court dismissed the complaint for failure to state a claim and granted 21 plaintiff thirty days in which to file an amended complaint to cure the deficiencies. Id. The 22 screening order warned plaintiff that failure to comply could result in a recommendation that this 23 action be dismissed. 24 Including an extension of time, the time for acting has now passed and plaintiff has not 25 filed an amended complaint or otherwise responded to the court’s order. Thus, it appears that 26 plaintiff is unable or unwilling to cure the defects in the complaint. 27 //// 28 ] Accordingly, it is ORDERED that the Clerk of Court randomly assign a district judge to 2 || this action. It is RECOMMENDED that this action be DISMISSED without prejudice for the 3 || reasons stated in the November 13, 2024 screening order. 4 These findings and recommendations are submitted to the United States District Judge 5 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 6 || after being served with these findings and recommendations, any party may file written 7 || objections with the court and serve a copy on all parties. Such a document should be captioned 8 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 9 || objections shall be served and filed within fourteen days after service of the objections. The 10 || parties are advised that failure to file objections within the specified time may waive the right to 11 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 12 | v. Yist, 951 F.2d 1153 (9th Cir. 1991). Datad 14 || Dated: May 19, 2025 Zot! tte 7 eZACAY EDMUND F. BRENNAN 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28