(PC) Carroll v. Spearman, No. 2:2017cv00862 - Document 14 (E.D. Cal. 2017)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 12/8/2017 DIRECTING the Clerk of the Court to randomly assign this action to a United States District Judge and RECOMMENDING that this case be dismissed without prejudice. Referred to District Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (York, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TREMAYNE DEON CARROLL, 12 13 14 15 No. 2:17-cv-0862 DB P Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATIONS SPEARMAN, et al., Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights 18 action under 42 U.S.C. § 1983. Upon screening the court found most of plaintiff’s claims were 19 duplicative of claims plaintiff raised in a separate action in this court, case no. 16-cv-2443 JAM 20 EFB P. (ECF No. 7.) Plaintiff was given thirty days to either dismiss this action or file an 21 amended complaint. Plaintiff was warned that failure to comply with that order may result in 22 dismissal of this action. 23 Plaintiff requested a 60-day extension of time to file an amended complaint. (ECF No. 24 10.) The court granted the extension (ECF No. 11), but plaintiff failed to file an amended 25 complaint, notify the court he wished to dismiss the action, or otherwise respond to the court’s 26 order. By order filed November 1, 2017, plaintiff was ordered to file an amended complaint or 27 show cause, within fourteen days, why this action should not be dismissed. The fourteen day 28 period has now expired, and plaintiff has not shown cause or otherwise responded to the court’s 1 1 2 3 4 5 order. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). The Clerk of the Court is HEREBY ORDERED to randomly assign this action to a United States District Judge. 6 These findings and recommendations are submitted to the United States District Judge 7 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 8 after being served with these findings and recommendations, plaintiff may file written objections 9 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 10 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 11 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 12 (9th Cir. 1991). 13 Dated: December 8, 2017 14 15 16 17 DLB:12 DLB1/Orders/prisoner-civil rights/carr0862.fsc 18 19 20 21 22 23 24 25 26 27 28 2

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