(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)

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Case 2:18-cv-03130-JAM-DB Document 15 Filed 09/08/20 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CARLTON DWAYNE FIELDS, 12 Plaintiff, 13 14 No. 2:18-cv-3130 DB P v. ORDER AND FINDINGS AND RECOMMENDATIONS SCOTT KERNAN, 15 Defendant. 16 By order issued April 27, 2020, plaintiff’s complaint was dismissed for failure to state a 17 18 claim upon which relief could be granted, and plaintiff was given sixty days leave to file an 19 amended complaint. (ECF No. 8). On July 1, 2020, plaintiff was granted an additional sixty days 20 within which to file an amended complaint. (ECF No. 18). Sixty days from that date have now 21 expired, and plaintiff has not filed an amended complaint or otherwise responded to the court’s 22 order. Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall randomly assign a 23 24 District Court Judge to this action. IT IS FURTHER RECOMMENDED that this action be DISMISSED without prejudice 25 26 for failure to state a claim upon which relief may be granted. See 28 U.S.C. § 1915A(b)(1); Fed. 27 R. Civ. P. 41(b); Local Rule 110. 28 //// 1 Case 2:18-cv-03130-JAM-DB Document 15 Filed 09/08/20 Page 2 of 2 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within thirty days after 3 being served with these findings and recommendations, plaintiff may file written objections with 4 the court. The document should be captioned “Objections to Magistrate Judge’s Findings and 5 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 6 may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 7 Cir. 1991). 8 Dated: September 8, 2020 9 10 11 12 DLB:13 DB/ORDERS/ORDERS.PRISONER.CIVIL RIGHTS/fiel3130.fta.ext 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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