Bryant v. SEMS Medical Facility, et al.

Filing 13

ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 7/1/19 ORDERING that the Clerk of the Court shall randomly assign a United States District Judge to this action. RECOMMENDING that this action be DISMISSED without prejudice for failure to state a claim as set forth in the April 24, 2019 order 12 . F&R referred to District Judge Kimberly J. Mueller. Objections to F&R due within fourteen days. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES HENRY BRYANT,

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Plaintiff,

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No. 2:17-cv-1411-EFB P

v.

ORDER AND FINDINGS AND
RECOMMENDATIONS

SEMS MEDICAL FACILITY, et al.,

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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. This proceeding was referred to this court by Local Rule 302 pursuant to 28

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U.S.C. § 636(b)(1).
On April 24, 2019, the court screened plaintiff’s second amended complaint pursuant to

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28 U.S.C. § 1915A. The court dismissed the complaint for failure to state a claim, explained the

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deficiencies therein, and granted plaintiff thirty days in which to file a third amended complaint to

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cure the deficiencies. ECF No. 12. The order warned plaintiff that failure to file an amended

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complaint could result in the dismissal of this action. The time for acting has passed and plaintiff

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has not filed an amended complaint or otherwise responded to the court’s order. Thus, it appears

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that plaintiff is unable to cure the defects in the complaint.
Accordingly, it is ORDERED that the Clerk of the Court shall randomly assign a United

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States District Judge to this action.

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Further, it is RECOMMENDED that this action be DISMISSED without prejudice for
failure to state a claim as set forth in the April 24, 2019 order (ECF No. 12).

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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.” Any response to the

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objections shall be served and filed within fourteen days after service of the objections. The

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parties are advised that failure to file objections within the specified time may waive the right to

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appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez

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v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: July 1, 2019.

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