(PC) James v. Elk Grove Police Department, No. 2:2021cv00683 - Document 16 (E.D. Cal. 2021)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 7/22/21 RECOMMENDING that this action be dismissed without prejudice for the reasons set forth in the 6/14/21 screening order 13 . Referred to Judge Troy L. Nunley. Objections due within 14 days.(Plummer, M)

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(PC) James v. Elk Grove Police Department Doc. 16 Case 2:21-cv-00683-TLN-EFB Document 16 Filed 07/22/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RONALD EUGENE JAMES, 12 Plaintiff, 13 14 No. 2:21-cv-0683-TLN-EFB P v. FINDINGS AND RECOMMENDATIONS ELK GROVE POLICE DEPARTMENT, 15 Defendant. 16 Plaintiff is a county inmate proceeding without counsel in an action brought under 42 17 18 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 19 U.S.C. § 636(b)(1). On June 14, 2021, the court screened plaintiff’s complaints (ECF Nos. 1, 8) pursuant to 28 20 21 U.S.C. § 1915A. ECF No. 13. The court dismissed the complaint, explained the deficiencies 22 therein, and granted plaintiff thirty days in which to file an amended complaint to cure the 23 deficiencies. Id. The screening order warned plaintiff that failure to comply would result in a 24 recommendation that this action be dismissed. The time for acting has now passed and plaintiff 25 has not filed an amended complaint. Thus, it appears that plaintiff is unable or unwilling to cure 26 the defects in the complaint. 27 ///// 28 ///// 1 Dockets.Justia.com Case 2:21-cv-00683-TLN-EFB Document 16 Filed 07/22/21 Page 2 of 2 1 2 Accordingly, it is RECOMMENDED that this action be DISMISSED without prejudice for the reasons set forth in the June 14, 2021 screening order (ECF No. 13). 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, any party may file written 6 objections with the court and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 8 objections shall be served and filed within fourteen days after service of the objections. The 9 parties are advised that failure to file objections within the specified time may waive the right to 10 appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 11 v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 12 Dated: July 22, 2021. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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