(PC) Coons v. C.D.C.R.

Filing 15

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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY COONS, Jr.,

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Plaintiff,

OBJECTIONS DUE WITHIN FOURTEEN
DAYS

v.

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FINDINGS AND RECOMMENDATIONS
THAT THIS ACTION BE DISMISSED FOR
FAILURE TO PROSECUTE, FAILURE TO
COMPLY WITH COURT ORDERS, AND
FAILURE TO STATE A CLAIM

Defendant.

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C.D.C.R.,

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Case No. 2:20-cv-01813-JDP (PC)

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On November 23, 2020, the court screened plaintiff’s first amended complaint and

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notified plaintiff that the complaint failed to state a claim. ECF No. 12. Plaintiff was granted

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sixty days to file an amended complaint, but he did not do so. Accordingly, on February 22,

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2021, he was ordered to show cause within twenty-one days why this action should not be

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dismissed for failure to prosecute and for failure to state a claim. ECF No. 13. Plaintiff was

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notified that if he wished to continue with this lawsuit, he must file an amended complaint. He

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was also warned that failure to comply with the February 22 order would result in a

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recommendation that this action be dismissed.

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The deadline has passed, and plaintiff has not filed an amended complaint nor otherwise

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responded to the February 22, 2021 order. Accordingly, it is hereby ORDERED that the Clerk of

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Court shall randomly assign a United States District Judge to this case.

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Further, it is 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 November 23, 2020 order. See ECF No.

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12.

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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:
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April 23, 2021
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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