1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JARED ANDREW MARTIN, Case No. 1:22-cv-00056-JLT-CDB (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS FOR FAILURE TO STATE 13 v. A CLAIM

14 GAVIN NEWSOM, et al., (Docs. 1, 14)

15 Defendants. FOURTEEN (14) DAY DEADLINE 16

17 Plaintiff Jared Andrew Martin is a state prisoner proceeding pro se and in forma pauperis 18 in this civil rights action brought under

. Plaintiff filed a class action complaint 19 alleging systemic and institutional racism and a pattern of racial discrimination at Kern Valley 20 State Prison. (Doc. 1.) 21 On June 22, 2023, the Court entered a screening order finding Plaintiff’s complaint fails 22 to state a claim upon which relief can be granted. (Doc. 14.) The Court granted Plaintiff leave to 23 amend the complaint within thirty days and advised: “If Plaintiff fails to comply with this 24 Order, the Court will recommend that this action be dismissed for failure to state a claim.” 25 (Id. at 11.) 26 On July 7, 2023, the screening order was returned by the United States Postal Service as 27 “Undeliverable, Not in Custody.” Pursuant to Local Rule 182, if a pro se party fails to notify the 1 | party shall be fully effective.” L.R. 182(f). Plaintiff did not respond to the order, and the time to 2 | has passed. 3 Accordingly, it is hereby RECOMMENDED: 4 1. The Court DISMISS this action WITH PREJUDICE for failure to state a 5 claim upon which relief can be granted; and 6 2. Direct the Clerk of Court to close the case. 7 These Findings and Recommendations will be submitted to the United States District 8 | Judge assigned to the case pursuant to the provisions of

(b)(). Within fourteen 9 | (14) days after being served with these Findings and Recommendations, the parties may file 10 | written objections with the Court. The document should be captioned, “Objections to Magistrate 11 | Judge’s Findings and Recommendations.” The parties are advised that failure to file objections 12 | within the specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 13 |

(th Cir. 2014) (citing Baxter v. Sullivan,

(9th Cir. 14 } 1991)). 15 | IT IS SO ORDERED. '© | Dated: _ August 30, 2023 | Wr bo 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28