(PC) Taylor v. Solano County Public Defenders Office et al

Filing 13

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 4/23/21 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 10 order. Matter REFERRED to District Judge Troy L. Nunley. Within 14 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. (Kastilahn, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

BRANDON LA’SHAUN TAYLOR,

12

Plaintiff,

13
14
15

v.
SOLANO COUNTY PUBLIC
DEFENDER’S OFFICE, et al.,
Defendants.

16

Case No. 2:20-cv-02114-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

17
18

On December 28, 2020, the court screened plaintiff’s first complaint pursuant to 28

19

U.S.C. § 1915A. ECF No. 10. Plaintiff was notified that it failed to state a claim and was granted

20

sixty days to either file an amended complaint or notify the court that he wished to stand by his

21

original complaint. Id. He was also warned that failure to comply with that order could result in

22

dismissal of this action. Id. at 4.

23

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

24

responded to the December 28, 2020 order.1 Accordingly, it is hereby ORDERED that the Clerk

25

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

26
27
28

Although it appears from the file that plaintiff’s copy of the December 28, 2020 order
was returned, plaintiff was properly served. It is the plaintiff’s responsibility to keep the court
apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents
at the record address of the party is fully effective.
1
1

1

Further, it is RECOMMENDED that:

2

1. This action be dismissed for failure to prosecute, failure to comply with court orders,

3

and failure to state a claim for the reasons set forth in the December 28, 2020 order. See ECF No.

4

10.

5

2. The Clerk of Court be directed to close the case.

6

These findings and recommendations are submitted to the United States District Judge assigned to

7

the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being

8

served with these findings and recommendations, any party may file written objections with the

9

court and serve a copy on all parties. Such a document should be captioned “Objections to

10

Magistrate Judge’s Findings and Recommendations.” Any response to the objections shall be

11

served and filed within fourteen days after service of the objections. The parties are advised that

12

failure to file objections within the specified time may waive the right to appeal the District

13

Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d

14

1153 (9th Cir. 1991).

15
16

IT IS SO ORDERED.

17
Dated:
18
19

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

20
21
22
23
24
25
26
27
28
2