(PC) Parker v. Sgt. Garcia

I. BACKGROUND

24 Plaintiff filed the Complaint commencing this action on November 9, 2023. (ECF No. 25 1). Plaintiff alleged that investigating officers at Kern Valley State Prison failed to follow 26 procedures provided in the Prison Rape Elimination Act (PREA) when Plaintiff reported a 27 sexual assault. The Court has screened the complaint and on March 4, 2024, issued a screening 28 1 order holding that Plaintiff failed to state any cognizable claims. (ECF No. 9). The Court gave 2 Plaintiff 30 days to either file an amended complaint or file a statement with the Court that he 3 wants to stand on his original complaint. (Id. at 8). The Court advised Plaintiff that, if he 4 chooses to stand on the filed complaint, the Court would issue “findings and recommendations 5 to a district judge recommending dismissal of the action” consistent with the Court’s screening 6 order. (Id. at 9). When the deadline to respond to the Court’s screening order has passed, and 7 Plaintiff has not filed an amended complaint or a statement with the Court that he wishes to 8 proceed on his original complaint, the Court issued Findings and Recommendations that this 9 action be dismissed…