(PC) Bontemps v. Sotak et al, No. 2:2009cv02115 - Document 13 (E.D. Cal. 2010)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/13/10 ORDERING that the Clerk is directed to randomly assign a United States District Judge to this case; RECOMMENDING that this action be dismissed for plaintiffs failure to state a claim. Referred to Judge Lawrence K. Karlton; Objections to F&R due within 14 days.(Dillon, M)
Download PDF
<![CDATA[
(PC) Bontemps v. Sotak et al Doc. 13 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GREGORY C. BONTEMPS, Plaintiff, 11 vs. 12 13 No. CIV S-09-2115 EFB P SOTAK, et al., ORDER AND FINDINGS AND RECOMMENDATIONS Defendants. 14 / 15 Plaintiff is confined in a county correctional center and proceeds without counsel in an 16 17 action brought pursuant to 42 U.S.C. § 1983. On February 1, 2010, the court dismissed 18 plaintiff’s original complaint with leave to amend. The court’s order explained the deficiencies 19 in the complaint and granted plaintiff thirty days to file an amended complaint. The order 20 warned plaintiff that failure to comply would result in a recommendation that this action be 21 dismissed. The 30-day period has expired and plaintiff has not filed an amended complaint or 22 23 otherwise responded to the court’s order. Accordingly, it is hereby ORDERED that the Clerk is directed to randomly assign a 24 25 United States District Judge to this case. 26 /// 1 Dockets.Justia.com 1 Further, it is hereby RECOMMENDED that this action be dismissed for plaintiff’s failure 2 to state a claim. See 28 U.S.C. § 1915A; see also Lopez v. Smith, 203 F.3d 1122, 1128 (9th Cir. 3 2000) (indigent prisoner proceeding without counsel must be given leave to file amended 4 complaint unless the court can rule out any possibility that the plaintiff could state a claim). 5 These findings and recommendations are submitted to the United States District Judge 6 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 7 after being served with these findings and recommendations, any party may file written 8 objections with the court and serve a copy on all parties. Such a document should be captioned 9 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 10 within the specified time may waive the right to appeal the District Court’s order. Turner v. 11 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 12 Dated: April 13, 2010. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
