1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ARASH SHAFIHIE, No. 2:23-cv-01436-EFB (PC) 12 Plaintiff, 13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

15 REHABILITATION, et al., 16 Defendants. 17 18 Plaintiff, a state prisoner, proceeds without counsel in an action brought under 42 U.S.C. § 19 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 20 636(b)(1). 21 On November 29, 2023, the court screened plaintiff’s complaint pursuant to 28 U.S.C. § 22 1915A. ECF No. 5. The court dismissed the complaint for, among other things, joinder of 23 unrelated claims, and granted plaintiff thirty days in which to file an amended complaint to cure 24 the deficiencies or to inform the court of steps he had taken to identify a defendant. Id. The 25 screening order warned plaintiff that failure to comply could result in a recommendation that this 26 action be dismissed. The time for acting has now passed and plaintiff has not filed an amended 27 28 1 | complaint or otherwise responded to the court’s order.! Thus, it appears that plaintiff is unable or 2 | unwilling to cure the defects in the complaint. 3 Accordingly, it is ORDERED that the Clerk of Court randomly assign a district judge to 4 || this action. 5 Further, it is RECOMMENDED that this action be DISMISSED without prejudice for the 6 || reasons stated in the November 29, 2023 screening order. 7 These findings and recommendations are submitted to the United States District Judge 8 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 9 | after being served with these findings and recommendations, any party may file written 10 | objections with the court and serve a copy on all parties. Such a document should be captioned 11 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 12 || objections shall be served and filed within fourteen days after service of the objections. The 13 || parties are advised that failure to file objections within the specified time may waive the right to 14 | appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 15 | v. Yist, 951 F.2d 1153 (9th Cir. 1991). 16 17 | Dated: January 16, 2024 ati i / An Seti 4 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 6 Although it appears from the file that plaintiff's copy of the order was returned, plaintiff was 27 || properly served. It is the plaintiff's responsibility to keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of the 28 || party is fully effective.