Turner v. Thomas et al

Filing 18

ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 5/11/2012 ORDERING the clerk to randomly assign a US District Judge to this case; and RECOMMENDING that this action be dismissed for failure to prosecute and failure to state a claim. Assigned and Referred to Judge Morrison C. England, Jr.; Objections due within 14 days. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY R. TURNER,
Plaintiff,

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vs.

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No. CIV S-10-2369 EFB P

R. THOMAS, et al.,
ORDER AND
FINDINGS AND RECOMMENDATIONS

Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. On March 27, 2012, the court screened plaintiff’s complaint and dismissed it for

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failure to state a cognizable claim. The dismissal order explained the complaint’s deficiencies,

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gave plaintiff 30 days to file an amended complaint correcting those deficiencies, and warned

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plaintiff that failure to file an amended complaint would result in a recommendation that this

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action be dismissed
The time for acting has passed and plaintiff has not filed an amended complaint or

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otherwise responded to the court’s order.
Accordingly, it is hereby ORDERED that the Clerk of the Court randomly assign a

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United States District Judge to this case.

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Further, it is RECOMMENDED that this action be dismissed for failure to prosecute and
failure to state a claim. Fed. R. Civ. P. 41(b); 28 U.S.C. § 1915A(b).

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections

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within the specified time may waive the right to appeal the District Court’s order. Turner v.

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Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: May 11, 2012.

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