(PC) Kononov v. Sacramento Count/City Main Jail, No. 2:2020cv01110 - Document 12 (E.D. Cal. 2021)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 5/10/21 ORDERING that a District Judge be assigned to this case. Also, RECOMMENDING that this action be dismissed for failure to comply with a court order and failure to state a claim. Assigned and referred to Judge Kimberly J. Mueller. Objections due within 30 days.(Plummer, 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 VITALY KONONOV, 12 13 14 No. 2:20-cv-1110 DB P Plaintiff, v. ORDER AND SACRAMENTO COUNTY MAIN JAIL, 15 FINDINGS & RECOMMENDATIONS Defendant. 16 17 By order filed March 16, 2021, plaintiff’s second amended complaint was screened and 18 found to improperly join several unrelated claims against an array of defendants. In addition, the 19 allegations were found to be so vague and conclusory that the court was unable to determine 20 whether the action is frivolous or fails to state a claim for relief. Plaintiff was granted a final 21 opportunity to amend his pleading. Plaintiff was granted thirty days to file a third amended 22 complaint curing the deficiencies identified by the court, a notice of voluntary dismissal, or a 23 notice of election to stand on the second amended complaint. Plaintiff was notified that if he 24 failed to respond, then it would be recommended the action be dismissed for failure to obey a 25 court order and failure to state a claim. 26 The time granted for plaintiff to file a third amended complaint or otherwise respond to 27 the court’s order has passed. Plaintiff has not filed an amended complaint or otherwise responded 28 to the court’s order. 1 1 Accordingly, IT IS HEREBY ORDERED that a district judge be assigned to this case; and 2 IT IS HEREBY RECOMMENDED that this action be dismissed for failure to comply 3 with a court order and failure to state a claim. 4 These findings and recommendations are submitted to the United States District Judge 5 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within thirty days after 6 being served with these findings and recommendations, plaintiff may file written objections with 7 the court and serve a copy on all parties. Such a document should be captioned “Objections to 8 Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 9 objections within the specified time may waive the right to appeal the District Court’s order. 10 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 Dated: May 10, 2021 12 13 14 DLB7 15 kono1110.fta 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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