(PC) Colbourn v. Darnell et al
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)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
ORRIN TYLER COLBOURN,
No. 2:20-cv-1937 CKD P
JESS DARNELL, et al.,
FINDINGS AND RECOMMENDATIONS
Plaintiff is a Butte County Jail prisoner proceeding pro se and seeking relief pursuant to
42 U.S.C. § 1983. On November 17, 2020, plaintiff was granted leave to file a fourth amended
complaint. Plaintiff filed a fourth amended complaint on December 15, 2020.
The court is required to screen complaints brought by prisoners seeking relief against a
governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The
court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally
“frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek
monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2).
Plaintiff’s fourth amended complaint suffers from the same problems as his previous
pleading: it is not coherent and, at times, is not legible. To the extent the court can make some
sense of the fourth amended complaint, plaintiff appears to challenge his arrest. However,
plaintiff has already been informed that in Younger v. Harris, 401 U.S. 37, 45 (1971), the
Supreme Court held that when there is a pending state criminal proceeding, federal courts must
refrain from interference absent special or extraordinary circumstances. Plaintiff makes no
intelligible showing of extraordinary circumstances.
In light of the foregoing, plaintiff’s fourth amended complaint must be dismissed. As the
court has, on two occasions, informed plaintiff that his pleadings must be coherent and legible
and plaintiff has failed to comply with those orders, granting plaintiff leave to file a fifth amended
complaint appears futile. Therefore, the court will recommend that this action be dismissed.
Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district
court judge to this case.
IT IS HEREBY RECOMMENDED that:
1. Plaintiff’s fourth amended complaint be dismissed; and
2. This case be closed.
These findings and recommendations are submitted to the United States District Judge
assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen after
being served with these findings and recommendations, plaintiff may file written objections with
the court. The document should be captioned “Objections to Magistrate Judge’s Findings and
Recommendations.” Plaintiff is advised that failure to file objections within the specified time
waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir.
Dated: January 7, 2021
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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