Opinion
21-cv-06382-AGT
10-11-2022
TAMMY S POWERS, Plaintiff, v. SEAN LAYTON, et al., Defendants.
REPORT AND RECOMMENDATION TO DISMISS PLAINTIFF'S CASE
ALEX G. TSE United States Magistrate Judge.
The undersigned previously screened Tammy Powers's complaint under the in forma pauperis statute, 28 U.S.C. § 1915(e); concluded that the complaint was deficient; and gave Powers leave to amend to correct the identified deficiencies by no later than September 18, 2022. See Dkt. 13. Powers was advised that if “she does not file an amended complaint by [September 18], or if her amended complaint is still deficient, the undersigned will recommend that a district judge dismiss this case.” Id. at 5. To date, no amended complaint has been filed.
Powers declined to consent to magistrate judge jurisdiction, see Dkt. 7, so the undersigned (i) requests that the Clerk of the Court reassign Powers's case to a district judge and (ii) recommends that the district judge dismiss the case without prejudice for failure to prosecute. Powers may object to this recommendation within 14 days after being served with a copy. See 28 U.S.C. § 636(b)(1)(C); Fed.R.Civ.P. 72(b).
IT IS SO ORDERED.