(PC) Miller v. El Dorado County Jail

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RONALD S. MILLER, No. 2:23-cv-00666-DAD-EFB (PC) 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 EL DORADO COUNTY JAIL, 15 Defendant. 16 17 Plaintiff proceeds without counsel in an action brought under 42 U.S.C. § 1983. This 18 proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). 19 On August 7, 2023, the court screened plaintiff’s first amended complaint pursuant to 28 20 U.S.C. § 1915A. ECF No. 24. The court dismissed the complaint for failure to state a claim and 21 granted plaintiff thirty days in which to file an amended complaint to cure the deficiencies. Id. 22 The screening order warned plaintiff that failure to comply could result in a recommendation that 23 this action be dismissed. 24 Plaintiff failed to file the amended complaint within the time provided, and the court 25 accordingly dismissed the action and entered judgment. ECCF Nos. 27, 28. Plaintiff sought 26 relief from the dismissal on…