Spencer v. Painter et al

Filing 24

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 06/25/14 ORDERING the clerk of the court is directed to randomly assign a District Judge to this case. U.S. District Judge Kimberly J. Mueller randomly assigned to this action. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

THURMAN LEROY SPENCER,

12

Plaintiff,

13
14

No. 2:13-cv-02108 DAD P

v.

ORDER AND FINDINGS
AND RECOMMENDATIONS

S. PAINTER, et al.,

15

Defendants.

16
17

Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights

18

action filed pursuant to 42 U.S.C. 1983. This action is referred to a United States Magistrate

19

Judge pursuant to 28 U.S.C. § 636(b)(1)(B), Local Rule 302(c), and Local General Order No.

20

262.
On April 10, 2014, this court dismissed plaintiff’s complaint with leave to file an amended

21
22

complaint within 30 days. (ECF No. 18.) Plaintiff was informed that “failure to file an amended

23

complaint in accordance with this order will result in a recommendation that this action be

24

dismissed without prejudice[.]” (Id. at 5.) On May 15, 2014, the court granted plaintiff an

25

additional 30 days within which to file an amended complaint, on or before Monday, June 16,

26

2014.1

27
28

(ECF No. 22.) That deadline has now expired, and plaintiff has not filed an amended

1

Because thirty days expired on Saturday, June 14, 2014, the deadline was automatically
extended to the following Monday. See Fed. R. Civ. P. 6(a)(1)(C).
1

1
2

complaint or otherwise responded to the court’s orders.
For the reasons stated in the court’s April 10, 2014 order, concerning the deficiencies in

3

plaintiff’s original complaint (ECF No. 18 at 3-4), and due to plaintiff’s failure to abide by the

4

orders of this court directing the filing of an amended complaint (ECF Nos. 18, 22), the

5

undersigned recommends the dismissal of this action without prejudice.

6
7
8
9

Accordingly, IT IS HEREBY ORDERED that the Clerk of Court is directed to randomly
assign a district judge to this case.
Further, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).

10

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

11

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

12

after being served with these findings and recommendations, plaintiff may file written objections

13

with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings

14

and Recommendations.” Plaintiff is advised that failure to file objections within the specified

15

time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153

16

(9th Cir. 1991).

17

Dated: June 25, 2014

18
19
20

DAD:4
spen2108.f&r.dsms.amd.

21
22
23
24
25
26
27
28
2