Opinion
2:20-cv-0289 AC P
09-02-2021
ANTHONY TYRELL CHANDLER, Plaintiff, v. KATHLEEN ALLISON, et al., Defendants.
ORDER AND FINDINGS AND RECOMMENDATIONS
ALLISON CLAIRE, UNITED STATES MAGISTRATE JUDGE
Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On June 10, 2021, plaintiff's complaint was screened and found not to state any claims upon which relief could be granted. See ECF No. 16. As a result, plaintiff was given thirty days leave to file an amended complaint, and he was cautioned that failure to file an amended complaint would result in a dismissal of this action. See id. at 7. More than thirty days from that date have now passed, and plaintiff has not filed an amended complaint or otherwise responded to the court's order.
Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall randomly assign a District Court Judge to this action.
IT IS FURTHER RECOMMENDED that this action be DISMISSED without prejudice. See Local Rule 110; Fed. R Civ. P. 41(b).
These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within twenty-one days after being served with these findings and recommendations, plaintiff may file written objections with the court. Such a document should be captioned “Objections to Magistrate Judge's Findings and Recommendations.” Plaintiff is advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst 951 F.2d 1153 (9th Cir. 1991).