(PC) Coons v. C.D.C.R.
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 4/23/21 ORDERING the Clerk of the Court randomly assign a United States District Judge to this case. Also, RECOMMENDING that this action be dismissed for failur e to prosecute, failure to comply with court orders, and failure to state a claim for the reasons set forth in the 11/23/20 order. The clerk of court be directed to close the case. Assigned and referred to Judge William B. Shubb. Objections due within 14 days.(Plummer, M)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
TIMOTHY COONS, Jr.,
OBJECTIONS DUE WITHIN FOURTEEN
FINDINGS AND RECOMMENDATIONS
THAT THIS ACTION BE DISMISSED FOR
FAILURE TO PROSECUTE, FAILURE TO
COMPLY WITH COURT ORDERS, AND
FAILURE TO STATE A CLAIM
Case No. 2:20-cv-01813-JDP (PC)
On November 23, 2020, the court screened plaintiff’s first amended complaint and
notified plaintiff that the complaint failed to state a claim. ECF No. 12. Plaintiff was granted
sixty days to file an amended complaint, but he did not do so. Accordingly, on February 22,
2021, he was ordered to show cause within twenty-one days why this action should not be
dismissed for failure to prosecute and for failure to state a claim. ECF No. 13. Plaintiff was
notified that if he wished to continue with this lawsuit, he must file an amended complaint. He
was also warned that failure to comply with the February 22 order would result in a
recommendation that this action be dismissed.
The deadline has passed, and plaintiff has not filed an amended complaint nor otherwise
responded to the February 22, 2021 order. Accordingly, it is hereby ORDERED that the Clerk of
Court shall randomly assign a United States District Judge to this case.
Further, it is RECOMMENDED that:
1. 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 November 23, 2020 order. See ECF No.
2. The Clerk of Court be directed to close the case.
These findings and recommendations are submitted to the United States District Judge
assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
after being served with these findings and recommendations, any party may file written
objections with the court and serve a copy on all parties. Such a document should be captioned
“Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the
objections shall be served and filed within fourteen days after service of the objections. The
parties are advised that failure to file objections within the specified time may waive the right to
appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez
v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
IT IS SO ORDERED.
April 23, 2021
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE
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