(PC)Harris v. Largoza et al, No. 2:2019cv00788 - Document 9 (E.D. Cal. 2020)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/16/2020 ORDERING Clerk to randomly assign a U.S. District Judge to this case and RECOMMENDING this action be dismissed without prejudice for the reasons set forth in 5 Order. Assigned and referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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(PC)Harris v. Largoza et al Doc. 9 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MONTANA R. HARRIS, 12 Plaintiff, 13 14 No. 2:19-cv-0788-EFB P v. ORDER AND FINDINGS AND RECOMMENDATIONS N. LARGOZA, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner, proceeds without counsel in an action brought under 42 U.S.C. 18 § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. 19 § 636(b)(1). 20 On February 12, 2020, the court screened plaintiff’s complaint pursuant to 28 U.S.C. 21 § 1915A. ECF No. 5. The court dismissed the complaint, explained the deficiencies therein, and 22 granted plaintiff thirty days in which to file an amended complaint to cure the deficiencies. Id. 23 The screening order warned plaintiff that failure to comply would result in a recommendation that 24 this action be dismissed. The time for acting has now passed and plaintiff has not filed an 25 amended complaint.1 26 27 28 1 Although it appears from the file that plaintiff’s copy of the order was returned, plaintiff was properly served. It is the plaintiff’s responsibility to keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of the party is fully effective. 1 Dockets.Justia.com 1 2 3 4 Accordingly, it is ORDERED that the Clerk is directed to randomly assign a United States District Judge to this case. Further, it is RECOMMENDED that this action be DISMISSED without prejudice for the reasons set forth in the February 12, 2020 screening order (ECF No. 5). 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.” Any response to the 10 objections shall be served and filed within fourteen days after service of the objections. The 11 parties are advised that failure to file objections within the specified time may waive the right to 12 appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 13 v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 14 Dated: March 16, 2020. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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