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Chris Wamalwa v. Sacramento County Police Department

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 31, 2011

CHRIS WAMALWA KIBUNGUCHY, PLAINTIFF,
v.
SACRAMENTO COUNTY POLICE DEPARTMENT, ET AL., DEFENDANTS.

ORDER AND FINDINGS AND RECOMMENDATIONS

Plaintiff, an inmate confined at Atascadero State Hospital, proceeds without counsel in an action brought under 42 U.S.C. § 1983. On December 14, 2010, the court dismissed plaintiff's complaint for failure to state a cognizable claim. The dismissal order explained the complaint's deficiencies, gave plaintiff 30 days to file an amended complaint correcting those deficiencies, and warned plaintiff that failure to file an amended complaint would result in a recommendation that this action be dismissed for failure to state a claim.

The 30-day period has expired and plaintiff has not filed an amended complaint or otherwise responded to the court's order.*fn1

Accordingly, it is hereby ORDERED that the Clerk randomly assign a United States District Judge to this case.

Further, it is RECOMMENDED that this action be dismissed for failure to state a claim.

28 U.S.C. § 1915A; 28 U.S.C. § 1915(g).

These findings and recommendations are submitted to the United States District Judge


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