Smith v. Siskiyou County Jail et al.
Filing
66
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 12/21/21 RECOMMENDING that this action be dismissed for failure to prosecute, failure to comply with court orders and failure to state a claim for the reasons set forth in the 8/17/21 order 63 . The clerk of court be directed to close the case. Referred to Judge Troy L. Nunley. Objections due within 14 days.(Plummer, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JAMES ANTHONY SMITH,
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Plaintiff,
v.
SISKIYOU COUNTY JAIL, et al.,
Defendants.
Case No. 2:15-cv-02534-TLN-JDP (PC)
FINDINGS AND RECOMMENDATIONS
THAT THIS ACTION BE DISMISSED FOR
FAILURE TO PROSECUTE, FAILURE TO
COMPLY WITH COURT ORDERS, AND
FAILURE TO STATE A CLAIM
OBJECTIONS DUE WITHIN FOURTEEN
DAYS
On August 17, I screened plaintiff’s second amended complaint pursuant to 28 U.S.C.
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§ 1915A. ECF No. 63. I notified plaintiff that it failed state a claim and granted him sixty days
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to file an amended complaint. Id. Plaintiff failed to timely file an amended complaint.
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Accordingly, on November 9, 2021, I ordered him to show cause within twenty-one days why
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this action should not be dismissed for failure to prosecute and failure to state a claim. ECF No.
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65. I notified him that if he wished to continue with this lawsuit, he must file an amended
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complaint. I also warned him that failure to comply with the November 9 order would result in a
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recommendation that this action be dismissed. Id.
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The deadline has passed, and plaintiff has not filed an amended complaint nor otherwise
responded to the November 9, 2021 order. Accordingly, it is hereby RECOMMENDED that:
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1. This action be dismissed for failure to prosecute, failure to comply with court orders,
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and failure to state a claim for the reasons set forth in the August 17, 2021 order. See ECF No.
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63.
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2. The Clerk of Court be directed to close the case.
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These findings and recommendations are submitted to the United States District Judge
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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
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after being served with these findings and recommendations, any party may file written
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objections with the court and serve a copy on all parties. Such a document should be captioned
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“Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the
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objections shall be served and filed within fourteen days after service of the objections. The
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parties are advised that failure to file objections within the specified time may waive the right to
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appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez
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v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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IT IS SO ORDERED.
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Dated:
December 21, 2021
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE
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