(PC) Trujillo v. Fickes, No. 2:2018cv01805 - Document 11 (E.D. Cal. 2021)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 4/29/2021 ORDERING the Clerk to randomly assign a U.S. District Judge to this action and RECOMMENDING the 1 complaint be dismissed for failure to state a claim for the reasons set forth in the 2/3/2021 screening order. Assigned and referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)

Download PDF
(PC) Trujillo v. Fickes Doc. 11 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAUL TRUJILLO, 12 Plaintiff, 13 14 No. 2:18-cv-1805 AC P v. ORDER AND FINDINGS & RECOMMENDATIONS C. FICKES, 15 Defendant. 16 By order filed February 3, 2021, the complaint was screened and found to not state a 17 18 claim for relief. ECF No. 7. Plaintiff was given thirty days to file an amended complaint and 19 cautioned that failure to do so would result in a recommendation that this action be dismissed. Id. 20 at 6. After plaintiff failed to file an amended complaint, he was given an additional twenty-one 21 days to amend the complaint and warned that failure to do so would result in a recommendation 22 that this action be dismissed without further warning. ECF No. 10. Twenty-one days have now 23 passed, and plaintiff has not filed an amended complaint or otherwise responded to the court’s 24 order. 25 26 27 28 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to randomly assign a United States District Judge to this action. IT IS FURTHER RECOMMENDED that the complaint be dismissed for failure to state a claim for the reasons set forth in the February 3, 2021Screening Order (ECF No. 7). See L.R. 1 Dockets.Justia.com 1 110; Fed. R. Civ. P. 41(b). 2 These findings and recommendations are submitted to the United States District Judge 3 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 4 after being served with these findings and recommendations, plaintiff may file written objections 5 with the court and serve a copy on all parties. Such a document should be captioned 6 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 7 failure to file objections within the specified time may waive the right to appeal the District 8 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 DATED: April 29, 2021 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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.