Kelly v. Gyorkey et al

Filing 18

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 6/6/2012 ORDERING the Clerk of Court to randomly assign a United States District Judge to this case; RECOMMENDING that the 1 Prisoner Civil Rights Complaint be dismissed for failure to prosecute and failure to state a claim. Referred to Judge William B. Shubb. Objections due within 14 days. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES CARL KELLY,

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Plaintiff,
vs.

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No. 2:11-cv-2142 EFB P

F. GYORKEY, 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 January 13, 2012, the court dismissed plaintiff’s complaint for failure to state

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a cognizable claim and for failure to comply with Rule 8 of the Federal Rules of Civil Procedure.
The dismissal order explained the complaint’s deficiencies, gave plaintiff 30 days to file

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an amended complaint correcting those deficiencies, and warned plaintiff that failure to file an

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amended complaint would result in a recommendation that this action be dismissed for failure to

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state a claim. On April 19, 2012, plaintiff was granted an additional thirty days in which to file

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his amended complaint.
The 30-day period has expired and plaintiff has not filed an amended complaint or

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otherwise responded to the court’s order.

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Accordingly, it is hereby ORDERED that Clerk of the Court randomly assign a United
States District Judge to this case.
Further, it is hereby 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: June 6, 2012.

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