(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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TIMOTHY COONS, Jr., 12 Plaintiff, OBJECTIONS DUE WITHIN FOURTEEN DAYS v. 14 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. 13 C.D.C.R., 15 Case No. 2:20-cv-01813-JDP (PC) 16 17 18 19 On November 23, 2020, the court screened plaintiff’s first amended complaint and 20 notified plaintiff that the complaint failed to state a claim. ECF No. 12. Plaintiff was granted 21 sixty days to file an amended complaint, but he did not do so. Accordingly, on February 22, 22 2021, he was ordered to show cause within twenty-one days why this action should not be 23 dismissed for failure to prosecute and for failure to state a claim. ECF No. 13. Plaintiff was 24 notified that if he wished to continue with this lawsuit, he must file an amended complaint. He 25 was also warned that failure to comply with the February 22 order would result in a 26 recommendation that this action be dismissed. 27 28 1 1 The deadline has passed, and plaintiff has not filed an amended complaint nor otherwise 2 responded to the February 22, 2021 order. Accordingly, it is hereby ORDERED that the Clerk of 3 Court shall randomly assign a United States District Judge to this case. 4 Further, it is RECOMMENDED that: 5 1. This action be dismissed for failure to prosecute, failure to comply with court orders, 6 and failure to state a claim for the reasons set forth in the November 23, 2020 order. See ECF No. 7 12. 8 2. The Clerk of Court be directed to close the case. 9 These findings and recommendations are submitted to the United States District Judge 10 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 11 after being served with these findings and recommendations, any party may file written 12 objections with the court and serve a copy on all parties. Such a document should be captioned 13 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 14 objections shall be served and filed within fourteen days after service of the objections. The 15 parties are advised that failure to file objections within the specified time may waive the right to 16 appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 17 v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 18 19 IT IS SO ORDERED. 20 Dated: 21 22 April 23, 2021 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2

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