(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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 JASON ALLEN DUQUE, 11 Plaintiff, 12 13 No. 2:20-cv-1974-JAM-EFB P v. FINDINGS AND RECOMMENDATIONS ADAM RYAN, et al., 14 Defendants. 15 Plaintiff, a county jail inmate, proceeds without counsel in an action brought under 42 16 17 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 18 U.S.C. § 636(b)(1). On January 11, 2021, the court screened plaintiff’s complaint pursuant to 28 U.S.C. 19 20 § 1915A. ECF No. 11. The court dismissed the complaint, explained the deficiencies therein, 21 and granted plaintiff thirty days in which to file an amended complaint to cure the deficiencies. 22 Id. The screening order warned plaintiff that failure to comply would result in a recommendation 23 that this action be dismissed. The time for acting has now passed and plaintiff has not filed an 24 amended complaint. Thus, it appears that plaintiff is unable or unwilling to cure the defects in the 25 complaint. 26 ///// 27 ///// 28 ///// 1 1 2 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). 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, any party may file written 6 objections with the court and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 8 objections shall be served and filed within fourteen days after service of the objections. The 9 parties are advised that failure to file objections within the specified time may waive the right to 10 appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 11 v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 12 Dated: February 16, 2021. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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