Wade
(PC) Mitchell v. Wade
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RODNEY MITCHELL, No. 2:20-cv-0183 AC P Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
R.M. WADE, Defendant. 16 On June 10, 2021, plaintiff’s complaint was screened. ECF No. 5. At that time it was determined that the pleading failed to state a claim upon which relief may be granted, and plaintiff was given thirty days leave to file an amended complaint. See id. at 3-4, 6 (finding single Eighth Amendment claim against sole defendant was not cognizable). Thirty days from that date have since passed, and plaintiff has neither filed an amended complaint nor responded to the court’s order in any way. Accordingly, IT IS HEREBY ORDERED that the Clerk of Court randomly assign a District Court Judge to this action. IT IS FURTHER RECOMMENDED that this action be DISMISSED without prejudice for failure to prosecute. See Local Rule 110; Fed. R. Civ. P. 41(b). These findings and recommendations are…