The opinion
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7 UNITED STATES DISTRICT COURT
8 FOR THE EASTERN DISTRICT OF CALIFORNIA
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10 FRANK MARTINEZ RAMIREZ, No. 2:18-cv-1835 MCE DB P
11 Plaintiff,
12 v. FINDINGS AND RECOMMENDATIONS
13 JERRY BROWN, et al.,
14 Defendants.
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16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights
17 action pursuant to 42 U.S.C. § 1983. Plaintiff claims defendants violated his rights when officers
18 used excessive force, filed false disciplinary reports against him, and failed to provide him with
19 adequate medical and mental health treatment.
20 By order dated May 20, 2019, plaintiff’s second amended complaint was dismissed for
21 failure to state a claim. (ECF No. 41.) Plaintiff was given leave to file an amended complaint
22 within thirty days. Thereafter, plaintiff filed a notice indicating he was transferred and placed in
23 solitary confinement. (ECF No. 44.) Plaintiff did not request additional time in which to file an
24 amended complaint, but indicated that he had not yet received his property at the new facility. In
25 light of his filing, the court granted plaintiff additional time in which to file an amended
26 complaint. (ECF No. 45.) The court ordered plaintiff to file his amended complaint no later than
27 July 11, 2019.
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1 Thereafter, plaintiff filed a letter entered on the docket on June 13, 2019. (ECF No. 47.)
2 | By order dated August 1, 2019, the court directed plaintiff to dismiss this action or file an
3 | amended complaint within fourteen days. Plaintiff was warned that failure to comply with the
4 | court’s order would result in a recommendation that this action be dismissed. Those fourteen
5 | days have passed, and plaintiff has not filed an amended complaint, requested additional time to
6 | file an amended complaint, updated his address, or otherwise complied with the court’s order.
7 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
8 || prejudice.
9 These findings and recommendations are submitted to the United States District Judge
10 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days
11 | after being served with these findings and recommendations, plaintiff may file written objections
12 | with the court and serve a copy on all parties. Such a document should be captioned
13 | “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiffis advised that
14 | failure to file objections within the specified time may waive the right to appeal the District
15 | Court’s order. Martinez v. Y1st, 951 F.2d 1153 (9th Cir. 1991).
16 | Dated: September 4, 2019
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19 .B ORAH BARNES
UNITED STATES MAGISTRATE JUDGE
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