Carroll v. Spearman
Filing
14
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 12/8/2017 DIRECTING the Clerk of the Court to randomly assign this action to a United States District Judge and RECOMMENDING that this case be dismissed without prejudice. Referred to District Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (York, M)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
TREMAYNE DEON CARROLL,
12
13
14
15
No. 2:17-cv-0862 DB P
Plaintiff,
v.
ORDER AND FINDINGS AND
RECOMMENDATIONS
SPEARMAN, et al.,
Defendants.
16
17
Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights
18
action under 42 U.S.C. § 1983. Upon screening the court found most of plaintiff’s claims were
19
duplicative of claims plaintiff raised in a separate action in this court, case no. 16-cv-2443 JAM
20
EFB P. (ECF No. 7.) Plaintiff was given thirty days to either dismiss this action or file an
21
amended complaint. Plaintiff was warned that failure to comply with that order may result in
22
dismissal of this action.
23
Plaintiff requested a 60-day extension of time to file an amended complaint. (ECF No.
24
10.) The court granted the extension (ECF No. 11), but plaintiff failed to file an amended
25
complaint, notify the court he wished to dismiss the action, or otherwise respond to the court’s
26
order. By order filed November 1, 2017, plaintiff was ordered to file an amended complaint or
27
show cause, within fourteen days, why this action should not be dismissed. The fourteen day
28
period has now expired, and plaintiff has not shown cause or otherwise responded to the court’s
1
1
2
3
4
5
order.
Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).
The Clerk of the Court is HEREBY ORDERED to randomly assign this action to a United
States District Judge.
6
These findings and recommendations are submitted to the United States District Judge
7
assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
8
after being served with these findings and recommendations, plaintiff may file written objections
9
with the court. The document should be captioned “Objections to Magistrate Judge’s Findings
10
and Recommendations.” Plaintiff is advised that failure to file objections within the specified
11
time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153
12
(9th Cir. 1991).
13
Dated: December 8, 2017
14
15
16
17
DLB:12
DLB1/Orders/prisoner-civil rights/carr0862.fsc
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?