Moreno

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 DWAYNE STEVEN MONTGOMERY, No. 2:22-cv-00127-EFB (PC) Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

J. MORENO, et al., Defendants. 15 Plaintiff, a state prisoner, 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 August 19, 2022, the court screened plaintiff’s amended complaint pursuant to 28 U.S.C. § 1915A. ECF No. 15. The court dismissed the complaint, explained the deficiencies therein, and granted plaintiff thirty days in which to file a second 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 despite an extension of time, plaintiff has not filed a second amended complaint. Thus, it appears that plaintiff is unable or unwilling to…