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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 MARTIN LEE FOSTER, No. 2:19-cv-2333-EFB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

SGT. SMOLICH, et al., Defendants. 15 Plaintiff proceeds without counsel in an action brought under 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). On April 7, 2020, the court screened plaintiff’s complaint pursuant to 28 U.S.C. § 1915A. ECF No. 5. The court dismissed the complaint, explained the deficiencies therein, and granted plaintiff thirty days in which to file an amended complaint to cure the deficiencies. Id. The screening order warned plaintiff that failure to comply would result in a recommendation that this action be dismissed. The time for acting has now passed and plaintiff has not filed an amended complaint. Thus, it appears that plaintiff is unable or unwilling to cure the defects in the complaint. Accordingly, it is ORDERED that the…