(PC)Haggerty v. Lynch et al

Filing 12

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 08/02/22 ORDERING the Clerk of the Court randomly assign a U.S. District Judge to this action. Also, RECOMMENDING that the complaint be dismissed for failure to state a claim for the reasons set forth in the 05/02/22 screening order. Assigned and referred to Judge Kimberly J. Mueller. Objections due within 14 days.(Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

LEE E. HAGGERTY,

12
13
14
15

No. 2:21-cv-1248 AC P

Plaintiff,
v.
JEFF LYNCH, et al.,

ORDER AND FINDINGS &
RECOMMENDATIONS

Defendants.

16
17

By order filed May 2, 2022, the complaint was screened and found to not state a claim for

18

relief. ECF No. 7. Plaintiff was given thirty days to file an amended complaint and cautioned

19

that failure to do so would result in a recommendation that this action be dismissed. Id. at 6.

20

After plaintiff failed to file an amended complaint, he was given an additional twenty-one days to

21

amend the complaint and warned that failure to do so would result in a recommendation that this

22

action be dismissed without further warning. ECF No. 10. Twenty-one days have now passed,

23

and plaintiff has not filed an amended complaint or otherwise responded to the court’s order.

24
25
26

Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall randomly
assign a United States District Judge to this action
IT IS FURTHER RECOMMENDED that the complaint be dismissed for failure to state a

27

claim for the reasons set forth in the May 2, 2022 Screening Order (ECF No. 7). See L.R. 110;

28

Fed. R. Civ. P. 41(b); 28 U.S.C. § 1915A.
1

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 fourteen days

3

after being served with these findings and recommendations, plaintiff may file written objections

4

with the court and serve a copy on all parties. Such a document should be captioned

5

“Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that

6

failure to file objections within the specified time may waive the right to appeal the District

7

Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

8

DATED: August 2, 2022

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2