(PC) Rodriguez v. California Correctional Institution

I. FACTS AND BACKGROUND

22 Plaintiff Francisco Rodriguez, Jr. is a state prisoner proceeding pro se and in forma pauperis 23 on his civil rights complaint filed under 42 U.S.C. § 1983. (Doc. Nos. 1, 7). On June 26, 2020, the 24 court issued a screening order under 28 U.S.C. § 1915A and determined the complaint failed “to 25 state a cognizable claim against any defendant.” (Doc. No. 8 at 4). The court ordered plaintiff to 26 27 1 This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 (E.D. Ca. 2019). file an amended complaint within sixty (60) days and warned him that if he failed to comply with the court’s order the case would be dismissed. (Id. at 5, ¶¶ 1-12). The court’s order was apparently delivered to plaintiff because it was not returned as undeliverable. As of the date on these findings and recommendations, plaintiff has failed to file an amended complaint or seek an extension of time to comply with the court’s order. (See docket). On November 30, 2020, the court’s order reassigning this case to the undersigned was retuned as “Undeliverable, Inactive.” (Id.). Plaintiff’s notice of change of…