(PC) Duque v. Ryan et al

Filing 13

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/16/2021 RECOMMENDING this action be dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JASON ALLEN DUQUE,

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Plaintiff,

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No. 2:20-cv-1974-JAM-EFB P

v.

FINDINGS AND RECOMMENDATIONS

ADAM RYAN, et al.,

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Defendants.

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Plaintiff, a county jail inmate, proceeds 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).
On January 11, 2021, the court screened plaintiff’s complaint pursuant to 28 U.S.C.

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§ 1915A. ECF No. 11. The court dismissed the complaint, explained the deficiencies therein,

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and granted plaintiff thirty days in which to file an amended complaint to cure the deficiencies.

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Id. The screening order warned plaintiff that failure to comply would result in a recommendation

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that this action be dismissed. The time for acting has now passed and plaintiff has not filed an

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amended complaint. Thus, it appears that plaintiff is unable or unwilling to cure the defects in the

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complaint.

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Accordingly, it is RECOMMENDED that this action be DISMISSED without prejudice
for the reasons set forth in the January 11, 2021 screening order (ECF No. 11).

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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: February 16, 2021.

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