(PC) Montgomery v. Moreno

7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA DWAYNE STEVEN MONTGOMERY, No. 2:22-cv-00127-EFB (PC) 11 Plaintiff, 12 v. ORDER AND FINDINGS AND RECOMMENDATIONS J. MORENO, et al., 14 Defendants.

16 Plaintiff, a state prisoner, 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 August 19, 2022, the court screened plaintiff’s amended complaint pursuant to 28 U.S.C. § 1915A. ECF No. 15. The court dismissed the complaint, explained the deficiencies therein, and granted plaintiff thirty days in which to file a second amended complaint to cure the deficiencies. Id. The screening order warned plaintiff that failure to comply would result in a recommendation that this action be dismissed. The time for acting has now passed and despite an extension of time, plaintiff has not filed a second amended complaint. Thus, it appears that plaintiff is unable or unwilling to cure the defects in the amended complaint.

26 ///// ///// ///// ] Accordingly, it is ORDERED that the Clerk of the Court randomly assign a United States || District Judge to this action.

3 Further, it is RECOMMENDED that this action be dismissed without prejudice for the | reasons set forth in the August 19, 2022 screening order (ECF No. 15).

5 These findings and recommendations are submitted to the United States District Judge || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days || after being served with these findings and recommendations, any party may file written || objections with the court and serve a copy on all parties. Such a document should be captioned || “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the || objections shall be served and filed within fourteen days after service of the objections. The || parties are advised that failure to file objections within the specified time may waive the right to || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez | v. Yist, 951 F.2d 1153 (9th Cir. 1991).

14 | Dated: October 27, 2022.

> 16 EDMUND F. BRENNAN 7 UNITED STATES MAGISTRATE JUDGE