(PC) Muhammad v. Camp et al, No. 2:2021cv01477 - Document 15 (E.D. Cal. 2022)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 10/04/2022 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Troy L. Nunley. Objections due within 20 days after being served with these findings and recommendations. (Spichka, K.)
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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 ANSAR EL MUHAMMAD, 12 Plaintiff, 13 v. 14 G. CAMP, et al., 15 No. 2:21-cv-1477 TLN DB P FINDINGS AND RECOMMENDATIONS Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 18 U.S.C. § 1983. Plaintiff claims that defendants opened his legal mail outside his presence and 19 failed to refer his grievance to internal affairs for further investigation. 20 By order dated June 20, 2022, the court screened plaintiff’s first amended complaint. 21 (ECF No. 12.) The court found plaintiff stated a potentially cognizable retaliation claim against 22 defendant Holmes. (Id. at 7.) The court also found that the complaint did not state any additional 23 claims. (Id. at 5-9.) Plaintiff was given the option to proceed immediately on his retaliation 24 claim against defendant Holmes or to amend the complaint. Plaintiff response stated that he 25 elected to file an amended complaint. (ECF No. 13.) 26 On July 25, 2022, plaintiff was ordered to file an amended complaint within thirty days. 27 He was advised that failure to comply with the order would result in a recommendation that this 28 action be dismissed. The time for filing an amended complaint has expired and plaintiff has not 1 1 filed an amended complaint, sought additional time to file an amended complaint, or otherwise 2 responded to the court’s order. Accordingly, the undersigned will recommend that this action be 3 dismissed for failure to prosecute and failure to comply with court orders. 4 5 For the reasons set forth above, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 6 These findings and recommendations are submitted to the United States District Judge 7 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within twenty days 8 after being served with these findings and recommendations, plaintiff may file written objections 9 with the court and serve a copy on all parties. Such a document should be captioned “Objections 10 to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 11 objections within the specified time may waive the right to appeal the District Court’s order. 12 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 13 Dated: October 4, 2022 14 15 16 DB:12 17 DB/DB Prisoner Inbox/Civil Rights/R/muha1477.fta.fr 18 19 20 21 22 23 24 25 26 27 28 2
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