(PC) Fields v. Kerman

Filing 15

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 09/08/20 ORDERING the Clerk of Court randomly assign a District Court Judge to this action. Also, RECOMMENDING that this action be dismissed without prejudice for failure to state a claim upon which relief may be granted. Assigned and referred to Judge John A. Mendez. Objections due within 30 days. (Plummer, M)

Case 2:18-cv-03130-JAM-DB Document 15 Filed 09/08/20 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARLTON DWAYNE FIELDS,

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Plaintiff,

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No. 2:18-cv-3130 DB P

v.

ORDER AND FINDINGS AND
RECOMMENDATIONS

SCOTT KERNAN,

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Defendant.

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By order issued April 27, 2020, plaintiff’s complaint was dismissed for failure to state a

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claim upon which relief could be granted, and plaintiff was given sixty days leave to file an

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amended complaint. (ECF No. 8). On July 1, 2020, plaintiff was granted an additional sixty days

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within which to file an amended complaint. (ECF No. 18). Sixty days from that date have now

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expired, and plaintiff has not filed an amended complaint or otherwise responded to the court’s

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order.
Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall randomly assign a

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District Court Judge to this action.
IT IS FURTHER RECOMMENDED that this action be DISMISSED without prejudice

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for failure to state a claim upon which relief may be granted. See 28 U.S.C. § 1915A(b)(1); Fed.

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R. Civ. P. 41(b); Local Rule 110.

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Case 2:18-cv-03130-JAM-DB Document 15 Filed 09/08/20 Page 2 of 2
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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 thirty days after

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

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the court. The document should be captioned “Objections to Magistrate Judge’s Findings and

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

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may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th

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Cir. 1991).

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Dated: September 8, 2020

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DLB:13
DB/ORDERS/ORDERS.PRISONER.CIVIL RIGHTS/fiel3130.fta.ext

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