(PC) Miller v. El Dorado County Jail

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RONALD S. MILLER, No. 2:23-cv-00666-DAD-EFB (PC) 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 EL DORADO COUNTY JAIL, 15 Defendant. 16 17 Plaintiff proceeds without counsel in an action brought under 42 U.S.C. § 1983. This 18 proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). 19 On August 7, 2023, the court screened plaintiff’s first amended complaint pursuant to 28 20 U.S.C. § 1915A. ECF No. 24. The court dismissed the complaint for failure to state a claim and 21 granted plaintiff thirty days in which to file an amended complaint to cure the deficiencies. Id. 22 The screening order warned plaintiff that failure to comply could result in a recommendation that 23 this action be dismissed. 24 Plaintiff failed to file the amended complaint within the time provided, and the court 25 accordingly dismissed the action and entered judgment. ECCF Nos. 27, 28. Plaintiff sought 26 relief from the dismissal on the grounds of excusable neglect, which the court granted on 27 December 3, 2024. ECF Nos. 30, 32, 33. The court again provided plaintiff with 30 days to file 28 an amended complaint or to notify the court of his intent not to do so. ECF No. 33. ] The time for acting has now passed and plaintiff has not filed an amended complaint or 2 || otherwise responded to the court’s order. Thus, it appears that plaintiff is unable or unwilling to 3 || cure the defects in the complaint. 4 Accordingly, it is RECOMMENDED that this action be DISMISSED without prejudice 5 || for failure to state a claim. 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). Datad EBLE 16 || Dated: January 27, 2025 Lott lil 7 L20CL* EDMUND F. BRENNAN 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28