(PC) Miller v. El Dorado County Jail
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 1/27/2025 RECOMMENDING that this action be dismissed without prejudice for failure to state a claim. Referred to District Judge Dale A. Drozd. Objections due within 14 days after being served with these findings and recommendations. (Deputy Clerk HAH)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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RONALD S. MILLER,
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No. 2:23-cv-00666-DAD-EFB (PC)
Plaintiff,
v.
FINDINGS AND RECOMMENDATIONS
EL DORADO COUNTY JAIL,
Defendant.
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Plaintiff proceeds without counsel in an action brought under 42 U.S.C. § 1983. This
proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1).
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On August 7, 2023, the court screened plaintiff’s first amended complaint pursuant to 28
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U.S.C. § 1915A. ECF No. 24. The court dismissed the complaint for failure to state a claim and
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granted plaintiff thirty days in which to file an amended complaint to cure the deficiencies. Id.
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The screening order warned plaintiff that failure to comply could result in a recommendation that
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this action be dismissed.
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Plaintiff failed to file the amended complaint within the time provided, and the court
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accordingly dismissed the action and entered judgment. ECCF Nos. 27, 28. Plaintiff sought
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relief from the dismissal on the grounds of excusable neglect, which the court granted on
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December 3, 2024. ECF Nos. 30, 32, 33. The court again provided plaintiff with 30 days to file
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an amended complaint or to notify the court of his intent not to do so. ECF No. 33.
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The time for acting has now passed and plaintiff has not filed an amended complaint or
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otherwise responded to the court’s order. Thus, it appears that plaintiff is unable or unwilling to
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cure the defects in the complaint.
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Accordingly, it is RECOMMENDED that this action be DISMISSED without prejudice
for failure to state a claim.
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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: January 27, 2025
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