(PC) Rojas v. County of Sacramento et al, No. 2:2021cv02280 - Document 12 (E.D. Cal. 2022)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 6/17/2022 RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Kimberly J. Mueller; Objections to F&R due within 20 days. (Yin, 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 ROBERT EUGENE ROJAS, 12 Plaintiff, 13 14 No. 2:21-cv-2280 DB P v. ORDER AND FINDINGS AND RECOMMENDATIONS COUNTY OF SACRAMENTO, et al., 15 Defendants. 16 Plaintiff is a county inmate proceeding pro se with a civil rights action pursuant to 42 17 18 U.S.C. § 1983. Plaintiff claims defendants have violated his rights in connection with his 19 criminal action in state court as well as the conditions of his confinement. 20 By order dated April 12, 2022, the court screened and dismissed the amended complaint. 21 (ECF No. 10.) Plaintiff was granted thirty days leave to file an amended complaint and advised 22 that failure to file an amended complaint would result in a recommendation that this action be 23 dismissed. Those thirty days have passed, and plaintiff has not filed an amended complaint, 24 sought additional time to file an amended complaint, or otherwise responded to the court’s order. 25 Accordingly, the undersigned will recommend that this action be dismissed for failure to 26 prosecute and failure to comply with court orders. 27 //// 28 //// 1 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)(1). 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 “Objections 9 to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 10 objections within the specified time may waive the right to appeal the District Court’s order. 11 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 12 Dated: June 17, 2022 13 14 15 16 17 18 19 20 21 22 DB:12 DB/DB Prisoner Inbox/Civil Rights/R/roja2280.f&r.fta 23 24 25 26 27 28 2

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