(PC) Johnson v. Solano County Public Defenders Office et al, No. 2:2021cv00258 - Document 10 (E.D. Cal. 2021)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 7/28/2021 ORDERING Clerk to randomly assign a district judge to this action and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Kimberly J. Mueller. Objections due within 20 days after being served with these findings and recommendations. (Henshaw, R)
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(PC) Johnson v. Solano County Public Defenders Office et al Doc. 10 Case 2:21-cv-00258-KJM-DB Document 10 Filed 07/28/21 Page 1 of 2 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 TERRELL JOHNSON, 11 Plaintiff, 12 13 14 No. 2:21-cv-0258 DB P ORDER AND FINDINGS AND RECOMMENDATIONS v. SOLANO COUNTY PUBLIC DEFENDER’S OFFICE, et al., Defendants. 15 16 17 Plaintiff, a county inmate proceeding pro se, has filed a civil rights action pursuant to 42 18 U.S.C. § 1983. Plaintiff claims his right were violated because the Solano County Public 19 Defender’s Office and Conflict Defender’s Office refused to represent him. 20 By order dated May 3, 2021 the complaint was screened and dismissed for failure to state 21 a claim. (ECF No. 7.) Plaintiff was given thirty days leave to file an amended complaint and 22 warned that failure to file an amended complaint would result in a recommendation that this 23 action be dismissed. Those thirty days have passed, and plaintiff has not filed an amended 24 complaint or sought additional time to file an amended complaint. Thus, the court will 25 recommend that this action be dismissed without prejudice for failure to prosecute and failure to 26 comply with court orders. 27 //// 28 //// 1 Dockets.Justia.com Case 2:21-cv-00258-KJM-DB Document 10 Filed 07/28/21 Page 2 of 2 1 2 3 4 Accordingly, the Clerk of the Court is ORDERED to randomly assign a district judge to this action. IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 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 twenty days 7 after being served with these findings and recommendations, plaintiff may file written objections 8 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.” Plaintiff is advised that 10 failure to file objections within the specified time may waive the right to appeal the District 11 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 12 Dated: July 28, 2021 13 14 15 16 17 18 19 20 21 DB:12 DB/DB.Prisoner.Inbox/Civil.Rights/S/john0258.f&r 22 23 24 25 26 27 28 2
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