Myers v. Brown et al

Filing 19

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/21/19 RECOMMENDING that this action be dismissed without prejudice for the reasons set forth in the 2/12/19 order 8 . Referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DALLAS JOSHUA JAMES MYERS,

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No. 2:18-cv-0111-MCE-EFB P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

EDMUND BROWN, 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).

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On February 12, 2019, the court screened plaintiff’s complaint pursuant to 28 U.S.C.

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§ 1915(e)(2). The court dismissed the complaint, explained the deficiencies therein and granted

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plaintiff thirty days in which file an amended complaint to cure the deficiencies. ECF No. 8. The

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order warned plaintiff that failure to comply would result a recommendation that this action be

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dismissed. The time for acting has now passed and despite several lengthy extensions of time,

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plaintiff has not filed an amended complaint. Thus, it appears that plaintiff is unable to cure the

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defects in the complaint.

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Accordingly, it is RECOMMENDED that this action be DISMISSED without prejudice
for the reasons set forth in the February 12, 2019 order (ECF No. 8).
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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: October 21, 2019.

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