(PC) Buckner v. Sacramento Police Dept.

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DARRELL ONEIL BUCKNER, No. 2:23-cv-01723-TLN-EFB (PC) 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 SACRAMENTO POLICE DEPARTMENT, et al., 15 Defendants. 16 17 Plaintiff, a county jail inmate, proceeds without counsel in an action brought under 42 18 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 19 U.S.C. § 636(b)(1). 20 On November 28, 2023, the court screened plaintiff’s first amended complaint pursuant to 21 28 U.S.C. § 1915A. ECF No. 10. The court dismissed the complaint for failure to state a claim 22 and granted plaintiff thirty days in which to file an amended complaint to cure the deficiencies. 23 Id. The screening order warned plaintiff that failure to comply could result in a recommendation 24 that this action be dismissed. 25 Plaintiff appealed the order to the Ninth Circuit. ECF No. 12. On February 29, 2024, that 26 court dismissed the appeal for want of jurisdiction. ECF No. 15. On March 5, 2024, this…