(PC) Whiteman v. Shasta County Jail

Opinion

1 2 3 4 5 6 7 10 11 CORRY WHITEMAN, No. 2:24-cv-00166 AC P 12 Plaintiff, 13 v. ORDER AND FINDINGS & RECOMMENDATIONS 15 Defendant. 16 17 By order filed April 5, 2024, the first amended complaint was screened and found to not 18 state a claim for relief. ECF No. 12. Plaintiff was given thirty days to file an amended complaint 19 and cautioned that failure to do so would result in a recommendation that this action be dismissed. 20 Id. at 6-7. After plaintiff failed to file an amended complaint, he was given an additional twenty- 21 one days to amend the complaint and warned that failure to do so would result in a 22 recommendation that this action be dismissed without further warning. ECF No. 13. Twenty-one 23 days have now passed, and plaintiff has not filed a second amended complaint or otherwise 24 responded to the court’s order. 25 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall randomly 26 assign a United States District Judge to this action. 27 /// 28 /// ] IT IS FURTHER RECOMMENDED that the first amended complaint be dismissed for 2 | failure to state a claim for the reasons set forth in the April 5, 2024 Screening Order (ECF No. 3 | 12). See L.R. 110; Fed. R. Civ. P. 41(b); 28 ULS.C. § 1915A. 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, plaintiff may file written objections 7 || with the court and serve a copy on all parties. Such a document should be captioned “Objections 8 | to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 9 || objections within the specified time may waive the right to appeal the District Court’s order. 10 || Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 11 | DATED: July 9, 2024. 12 ~ 13 ththienr—Chnp—e_ ALLISON CLAIRE 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28