1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAMIRO CARNALLA, No. 2:23-cv-01799-EFB (PC) 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 JOHN DOE, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner, proceeds without counsel in an action brought under

1983. This proceeding was referred to this court by Local Rule 302 pursuant to

636(b)(1). 20 On November 29, 2023, the court screened plaintiff’s complaint pursuant to

1915A. ECF No. 6. The court dismissed the complaint for failure to identify any defendant, and 22 granted plaintiff thirty days in which to file an amended complaint to cure the deficiencies or to 23 inform the court of steps he had taken to identify a defendant.

The screening order warned 24 plaintiff that failure to comply could result in a recommendation that this action be dismissed. 25 The time for acting has now passed and plaintiff has not filed an amended complaint or otherwise 26 responded to the court’s order. Thus, it appears that plaintiff is unable or unwilling to cure the 27 defects in the complaint. 28 //// 1 Accordingly, it is ORDERED that the Clerk of Court randomly assign a district judge to 2 || this action. 3 Further, it is RECOMMENDED that this action be DISMISSED without prejudice for the 4 || reasons stated in the November 29, 2023 screening order. 5 These findings and recommendations are submitted to the United States District Judge 6 || assigned to the case, pursuant to the provisions of

(b)(1). Within fourteen days 7 | after being served with these findings and recommendations, any party may file written 8 || objections with the court and serve a copy on all parties. Such a document should be captioned 9 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 10 || objections shall be served and filed within fourteen days after service of the objections. The 11 | parties are advised that failure to file objections within the specified time may waive the right to 12 | appeal the District Court’s order. Turner v. Duncan,

(9th Cir. 1998); Martinez 13 | v. Yist,

(9th Cir. 1991). 14 15 | Dated: January 16, 2024 Za ihtiz 16 STE eERR IER 17 18 19 20 21 22 23 24 25 26 27 28