(PC) Ramirez v. Brown et al, No. 2:2018cv01835 - Document 49 (E.D. Cal. 2019)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 9/4/2019 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K)
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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 FRANK MARTINEZ RAMIREZ, 11 Plaintiff, 12 13 No. 2:18-cv-1835 MCE DB P v. FINDINGS AND RECOMMENDATIONS JERRY BROWN, et al., 14 Defendants. 15 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights 16 17 action pursuant to 42 U.S.C. § 1983. Plaintiff claims defendants violated his rights when officers 18 used excessive force, filed false disciplinary reports against him, and failed to provide him with 19 adequate medical and mental health treatment. 20 By order dated May 20, 2019, plaintiff’s second amended complaint was dismissed for 21 failure to state a claim. (ECF No. 41.) Plaintiff was given leave to file an amended complaint 22 within thirty days. Thereafter, plaintiff filed a notice indicating he was transferred and placed in 23 solitary confinement. (ECF No. 44.) Plaintiff did not request additional time in which to file an 24 amended complaint, but indicated that he had not yet received his property at the new facility. In 25 light of his filing, the court granted plaintiff additional time in which to file an amended 26 complaint. (ECF No. 45.) The court ordered plaintiff to file his amended complaint no later than 27 July 11, 2019. 28 //// 1 1 Thereafter, plaintiff filed a letter entered on the docket on June 13, 2019. (ECF No. 47.) 2 By order dated August 1, 2019, the court directed plaintiff to dismiss this action or file an 3 amended complaint within fourteen days. Plaintiff was warned that failure to comply with the 4 court’s order would result in a recommendation that this action be dismissed. Those fourteen 5 days have passed, and plaintiff has not filed an amended complaint, requested additional time to 6 file an amended complaint, updated his address, or otherwise complied with the court’s order. 7 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 8 prejudice. 9 These findings and recommendations are submitted to the United States District Judge 10 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 11 after being served with these findings and recommendations, plaintiff may file written objections 12 with the court and serve a copy on all parties. Such a document should be captioned 13 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 14 failure to file objections within the specified time may waive the right to appeal the District 15 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 16 Dated: September 4, 2019 17 18 19 20 21 22 23 24 25 DLB:12 DLB:1/Orders/Prisoner/Civil.Rights/rami1835.fsc 26 27 28 2
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