(PS) Blackshire v. United States et al

Filing 9

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 02/05/24 RECOMMENDING that this action be dismissed without prejudice for failure to prosecute and failure to comply with court orders. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Licea Chavez, V)

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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 PATRICK BLACKSHIRE, 12 Plaintiff, 13 14 15 v. THE HAUGE, et al., Case No. 2:23-cv-00531-KJM-JDP (PS) FINDINGS AND RECOMMENDATIONS THAT THIS ACTION BE DISMISSED WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE AND FAILURE TO COMPLY WITH A COURT ORDER Defendants. OBJECTIONS DUE WITHIN FOURTEEN DAYS 16 17 18 19 On November 8, 2023, I screened plaintiff’s complaint and notified him that it failed state 20 a claim. ECF No. 5. Plaintiff was granted thirty days to file an amended complaint or a notice of 21 voluntary dismissal. Plaintiff failed to do so. Accordingly, on January 12, 2024, I ordered him to 22 show cause within fourteen days for why this action should not be dismissed for failure to 23 prosecute and failure to comply with a court order. ECF No. 7. Plaintiff was notified that if he 24 wished to continue with this lawsuit, he must file an amended complaint. Plaintiff was also 25 warned that failure to comply with the that order would result in a recommendation that this 26 action be dismissed. Id. 27 28 1 1 2 The deadline has passed, and plaintiff has not filed an amended complaint or otherwise responded to the January 12, 2024 order. 3 Accordingly, it is hereby RECOMMENDED that: 4 1. This action be dismissed without prejudice for failure to prosecute and failure to 5 comply with court orders for the reasons set forth in the January 12, 2024 order. 6 2. The Clerk of Court be directed to close the case. 7 These findings and recommendations are submitted to the United States District Judge 8 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 9 after being served with these findings and recommendations, any party may file written 10 objections with the court and serve a copy on all parties. Such a document should be captioned 11 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 12 objections shall be served and filed within fourteen days after service of the objections. The 13 parties are advised that failure to file objections within the specified time may waive the right to 14 appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 15 v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 16 17 IT IS SO ORDERED. 18 Dated: February 5, 2024 19 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 2

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