(PC) Knox v. Biter, No. 1:2018cv00761 - Document 14 (E.D. Cal. 2018)

Court Description: ORDER Regarding Plaintiff's Objections to Pending Findings and Recommendations re 13 , signed by Magistrate Judge Stanley A. Boone on 7/31/18. (Gonzalez, R)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIE H. KNOX, III., 12 Plaintiff, 13 14 15 v. M. BITER, Defendant. 16 17 18 19 ) ) ) ) ) ) ) ) ) ) Case No.: 1:18-cv-00761-AWI-SAB (PC) ORDER REGARDING PLAINTIFF’S OBJECTIONS TO PENDING FINDINGS AND RECOMMENDATIONS [ECF No. 13] Plaintiff Willie H. Knox III is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On June 7, 2018, the Court screened Plaintiff’s complaint, found that Plaintiff failed to state a 20 cognizable claim, and granted Plaintiff thirty days to file an amended complaint. Over thirty days 21 passed, and Plaintiff did not file an amended complaint or otherwise responded to the Court’s order. 22 Accordingly, on July 17, 2018, the undersigned issued Findings and Recommendations recommending 23 the action be dismissed for failure to state a cognizable claim for relief for the reasons stated in the 24 Court’s June 7, 2018, screening order. 25 On July 20, 2018, Plaintiff filed a motion for an extension of time to file an amended 26 complaint. On July 24, 2018, the Court granted Plaintiff thirty days to file an amended complaint, i.e. 27 on or before August 29, 2018. (ECF No. 12.) In that order, the Court advised Plaintiff that if he failed 28 1 1 to file a timely amended complaint, the July 17, 2018 Findings and Recommendations will be 2 submitted to the assigned District Judge for review. (Id.) 3 On July 30, 2018, Plaintiff filed objections to the Findings and Recommendations and 4 indicates that he mailed his amended complaint to the Court on July 10, 2018. (ECF No. 13.) 5 However, Plaintiff is advised that to date, the Court has not received or filed an amended complaint in 6 this case. Accordingly, Plaintiff is again advised that any amended complaint is due on or before 7 August 29, 2018, or the Findings and Recommendations will be submitted to the District Judge for 8 review. 9 10 IT IS SO ORDERED. 11 Dated: 12 July 31, 2018 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2