(PS) Van den Heuvel v. Barbour

Filing 9

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 2/7/2024 RECOMMENDING that this action 4 be dismissed without prejudice for failure to prosecute, failure to comply with court orders, and failure to state a claim for the reasons set forth in the 12/5/2023 order. The Clerk of Court be directed to close the case. These Findings and Recommendations are submitted to U.S. District Judge Dale A. Drozd; Objections to these F&Rs due within fourteen days. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEAN MARC VAN DEN HEUVEL,

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Plaintiff,
v.
TRACY BARBOUR,

Case No. 2:23-cv-00021-DAD-JDP (PS)
FINDINGS AND RECOMMENDATIONS
THAT PLAINTIFF’S COMPLAINT BE
DISMISSED FOR FAILURE TO
PROSECUTE, COMPLY WITH COURT
ORDERS, AND STATE A CLAIM

Defendants.
ECF No. 4

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OBJECTIONS DUE WITHIN FOURTEEN
DAYS

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On December 5, 2023, I screened plaintiff’s complaint and notified him that it failed state

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a claim. ECF No. 8. I granted plaintiff thirty days either to file an amended complaint or an

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advisement indicating that he wished to stand by his complaint, subject to a recommendation that

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it be dismissed. Id. I also warned plaintiff that failure to comply with that order would result in a

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recommendation that this action be dismissed. Id. Plaintiff has failed to respond to that order.

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The deadline has passed, and plaintiff has not filed an amended complaint or otherwise

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responded to the December 5, 2023 order.

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Accordingly, it is hereby RECOMMENDED that:

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1. This action be dismissed without prejudice for failure to prosecute, failure to comply

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with court orders, and failure to state a claim for the reasons set forth in the December 5, 2023

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order.

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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:

February 7, 2024
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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