(PC) Thomas v. Sacramento County Sheriff's Department Transportation Unit, No. 2:2020cv01951 - Document 14 (E.D. Cal. 2022)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 6/13/2022 RECOMMENDING this action be dismissed without prejudice for failure to state a claim and for failure to amend. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)

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(PC) Thomas v. Sacramento County Sheriff's Department Transportation Unit Doc. 14 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JIMMY RENAY THOMAS, 12 13 14 15 16 No. 2:20-cv-1951 TLN AC P Plaintiff, v. FINDINGS AND RECOMMENDATIONS SACRAMENTO COUNTY SHERIFF’S DEPARTMENT TRANSPORTATION UNIT, Defendants. 17 18 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil 19 rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 20 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On May 11, 2022, plaintiff’s complaint was screened and the court found that it failed to 22 state a claim upon which relief could be granted. ECF No. 11. As a result, plaintiff was given 23 thirty days leave to file an amended complaint. Id. at 8. More than thirty days from that date 24 have now passed, and plaintiff has not filed an amended complaint, nor has he responded to the 25 court’s order in any way. 26 Accordingly, IT IS HEREBY RECOMMENDED that this action be DISMISSED without 27 prejudice for failure to state a claim and for failure to amend. See 28 U.S.C. § 1915A(b)(1); 28 Local Rule 110; Fed. R. Civ. P. 41(b). 1 Dockets.Justia.com 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 3 after being served with these findings and recommendations, plaintiff may file written objections 4 with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 5 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 6 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 7 (9th Cir. 1991). 8 DATED: June 13, 2022 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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