(PC) Colbourn v. Darnell et al

Filing 19

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/7/2021 ORDERING the Clerk to assign a district judge to this case; and RECOMMENDING plaintiff's 17 fourth amended complaint be dismissed and this case be closed. Assigned and referred to Judge William B. Shubb; Objections to F&R due within 14 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ORRIN TYLER COLBOURN,

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No. 2:20-cv-1937 CKD P

Plaintiff,
v.

ORDER AND

JESS DARNELL, et al.,

FINDINGS AND RECOMMENDATIONS

Defendants.

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Plaintiff is a Butte County Jail prisoner proceeding pro se and seeking relief pursuant to

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42 U.S.C. § 1983. On November 17, 2020, plaintiff was granted leave to file a fourth amended

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complaint. Plaintiff filed a fourth amended complaint on December 15, 2020.

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The court is required to screen complaints brought by prisoners seeking relief against a

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governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The

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court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally

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“frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek

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monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2).

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Plaintiff’s fourth amended complaint suffers from the same problems as his previous

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pleading: it is not coherent and, at times, is not legible. To the extent the court can make some

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sense of the fourth amended complaint, plaintiff appears to challenge his arrest. However,

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plaintiff has already been informed that in Younger v. Harris, 401 U.S. 37, 45 (1971), the
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Supreme Court held that when there is a pending state criminal proceeding, federal courts must

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refrain from interference absent special or extraordinary circumstances. Plaintiff makes no

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intelligible showing of extraordinary circumstances.
In light of the foregoing, plaintiff’s fourth amended complaint must be dismissed. As the

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court has, on two occasions, informed plaintiff that his pleadings must be coherent and legible

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and plaintiff has failed to comply with those orders, granting plaintiff leave to file a fifth amended

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complaint appears futile. Therefore, the court will recommend that this action be dismissed.

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Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district
court judge to this case.

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IT IS HEREBY RECOMMENDED that:

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1. Plaintiff’s fourth amended complaint be dismissed; and

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2. This case be closed.

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

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1991).

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Dated: January 7, 2021

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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colb1937.frs

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