(PC) Carter v. California Correctional Institution et al
ORDER TO ASSIGN a District Judge; and FINDINGS and RECOMMENDATIONS to Dismiss for Failure to Comply with Court Order and Failure to Prosecute re 12 Amended Prisoner Civil Rights Complaint, signed by Magistrate Judge Jennifer L. Thurston on 10/15/2020. Referred to Judge Drozd; Objections to F&R due within 14 days. (Rivera, O)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
11 KEITH-REAGAN CARTER,
Case No. 1:19-cv-0358-JLT (PC)
ORDER TO ASSIGN A DISTRICT JUDGE;
14 CALIFORNIA CORRECTIONAL
INSTITUTION, et al.,
FINDINGS AND RECOMMENDATIONS TO
DISMISS FOR FAILURE TO COMPLY WITH
COURT ORDER AND FAILURE TO
Plaintiff’s first amended complaint was screened on August 7, 2020 and found to be devoid
19 of a cognizable claim. (Doc. 16.) He was then ordered to file a notice within thirty days indicating
20 whether he wished to stand on his pleading, to file an amended pleading, or to dismiss this action
21 entirely. Plaintiff was thereafter granted an extension of time to respond. (Doc. 18.) The deadline
22 for filing a response has now passed, and plaintiff has not filed a notice, an amended complaint, or
23 a second motion for extension of time to respond. Accordingly, the Court ORDERS the Clerk of
24 Court to assign a district judge to this case; and
The Court RECOMMENDS that this action be dismissed for failure to prosecute and failure
26 to comply with a court order.
These Findings and Recommendations will be submitted to the United States District Judge
28 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen days
1 after being served with these Findings and Recommendations, the parties may file written
2 objections with the Court. The document should be captioned “Objections to Magistrate Judge’s
3 Findings and Recommendations.” The parties are advised that failure to file objections within the
4 specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834,
5 839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).
IT IS SO ORDERED.
October 15, 2020
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?