(PC) Whiteman v. Shasta County Jail

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA CORRY WHITEMAN, No. 2:24-cv-00166 AC P 12 Plaintiff, 13 v. ORDER AND FINDINGS & RECOMMENDATIONS SHASTA COUNTY JAIL, 15 Defendant.

17 By order filed April 5, 2024, the first amended complaint was screened and found to not state a claim for relief. ECF No. 12. Plaintiff was given thirty days to file an amended complaint 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- one days to amend the complaint and warned that failure to do so would result in a recommendation that this action be dismissed without further warning. ECF No. 13. Twenty-one days have now passed, and plaintiff has not filed a second amended complaint or otherwise responded to the court’s order.

25 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall randomly assign a United States District Judge to this action.

27 /// /// ] IT IS FURTHER RECOMMENDED that the first amended complaint be dismissed for | failure to state a claim for the reasons set forth in the April 5, 2024 Screening Order (ECF No. | 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 || 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, plaintiff 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.” Plaintiff is advised that failure to file || 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