(PC) McCardie v. Pendleton et al

Filing 10

ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 3/11/2025 ORDERING the Clerk to randomly assign a United States District Judge to this action and RECOMMEDING the complaint be dismissed for failure to state claim for the reasons set forth in the 11/18/2024, Screening Order. Assigned and referred to Judge Daniel J. Calabretta. Objections to F&R due within 14 days. (Deputy Clerk KLY)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FREDDY MCCARDIE,

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No. 2:24-cv-0985 AC P

Plaintiff,

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v.

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SANDRA PENDLETON, et al.,

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Defendants.

ORDER AND FINDINGS &
RECOMMENDATIONS

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By order filed November 18, 2024, the complaint was screened and found to not state a

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claim for relief. ECF No. 6. Plaintiff was given thirty days to file an amended complaint and

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

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at 4. After plaintiff failed to file an amended complaint, he was given an additional twenty-one

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

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that this action be dismissed without further warning. ECF No. 9. Twenty-one days have now

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

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order.

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Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall randomly
assign a United States District Judge to this action

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IT IS FURTHER RECOMMENDED that the complaint be dismissed for failure to state a

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claim for the reasons set forth in the November 18, 2024, Screening Order (ECF No. 6). See L.R.
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110; Fed. R. Civ. P. 41(b); 28 U.S.C. § 1915A.

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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, plaintiff may file written objections

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

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to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file

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objections within the specified time may waive the right to appeal the District Court’s order.

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

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DATED: March 11, 2025

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