Haga v. Mims et al

Filing 16

ORDER Vacating 15 Order to Show Cause; and FINDINGS and RECOMMENDATIONS to Dismiss for Failure to Obey a Court Order and Failure to Prosecute, signed by Magistrate Judge Michael J. Seng on 2/27/17. Referred to Judge Drozd. Objections to F&R Due Within Fourteen Days. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL HAGA,

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Plaintiff,

FRESNO COUNTY SHERIFF, et al.,
Defendants.

FINDINGS AND RECOMMENDATIONS
TO DISMISS FOR FAILURE TO OBEY A
COURT ORDER AND FAILURE TO
PROSECUTE
(ECF NO. 15)

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FOURTEEN-DAY DEADLINE

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ORDER VACATING ORDER TO SHOW
CAUSE; AND

v.

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CASE No. 1:16-cv-0068-DAD-MJS (PC)

Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action pursuant to 42 U.S.C. § 1983.

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On December 19, 2016, Plaintiff’s complaint was screened and found to state

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cognizable claims against three Defendants. (ECF No. 14.) Plaintiff was granted thirty

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days to file a notice of his willingness to proceed on the complaint as screened or to file

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an amended complaint. When Plaintiff did not respond to the Court’s Order within the

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thirty-day period, the undersigned issued an order to show cause why his action should

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not be dismissed for failure to obey a court order and failure to prosecute. (ECF No. 15.)

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The fourteen-day period to respond to the order to show cause has now passed, and

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Plaintiff has not provided a response to it, submitted a notice of his willingness to

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proceed on the complaint as screened, or submitted an amended pleading.

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Accordingly, IT IS HEREBY ORDERED that the February 3, 2017, order to show
cause is VACATED; and
IT IS HEREBY RECOMMENDED that this action be dismissed for failure to obey
a court order and failure to prosecute.

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The findings and recommendations will be submitted to the United States District

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Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(1).

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Within fourteen (14) days after being served with the findings and recommendations, the

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parties may file written objections with the Court. The document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” A party may

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respond to another party’s objections by filing a response within fourteen (14) days after

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being served with a copy of that party’s objections. The parties are advised that failure to

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file objections within the specified time may result in the waiver of rights on appeal.

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Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923

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F.2d 1391, 1394 (9th Cir. 1991)).

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IT IS SO ORDERED.
Dated:

February 27, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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