(PC) Springfield v. CDCR et al

Filing 9

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 2/7/2024 REASSIGNING this CASE to District Judge Dale A. Drozd and Magistrate Judge Jeremy D. Peterson for all further proceedings. The New Case Number is: 2:23-c v-00594-DAD JDP and RECOMMENDING that this action be dismissed without prejudice for failure to prosecute and failure to comply with court orders, for the reasons set forth in the 11/17/2023 order. The Clerk of Court be directed to close the case. These Finding 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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CIRON B. SPRINGFIELD, 12 Plaintiff, 13 14 15 v. Case No. 2:23-cv-00594-JDP (PC) ORDER DIRECTING THE CLERK OF COURT TO ASSIGN A DISTRICT JUDGE TO THIS MATTER CDCR, et al.¸ Defendants. 16 FINDINGS AND RECOMMENDATIONS THAT THIS MATTER BE DISMISSED FOR FAILURE TO PROSECUTE AND COMPLY WITH COURT ORDERS 17 18 OBJECTIONS DUE WITHIN FOURTEEN DAYS 19 20 On September 20, 2023, I screened plaintiff’s complaint and notified him that only some 21 his claims were cognizable. ECF No. 7. I granted him thirty days to file an amended complaint 22 or an advisement indicating his intent to proceed only with the identified cognizable claims. 23 Plaintiff did not file an amended complaint. 24 Accordingly, on November 17, 2023, I ordered him to show cause within twenty-one days 25 why this action should not be dismissed. ECF No. 8. I notified him that if he wished to continue 26 with this action he must file, within twenty-one days, an amended complaint or advisement of his 27 intent to proceed with the cognizable claims. I also warned him that failure to comply with the 28 order would result in a recommendation that this action be dismissed. Id. 1 1 2 The deadline has passed, and plaintiff has not filed an amended complaint or otherwise responded to the November 17, 2023 order. 3 4 Accordingly, it is hereby ORDERED that the Clerk of Court shall randomly assign a United States District Judge to this case. 5 Accordingly, it is hereby RECOMMENDED that: 6 1. This action be dismissed without prejudice for failure to prosecute and failure to 7 comply with court orders, for the reasons set forth in the November 17, 2023 order. 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 20 IT IS SO ORDERED. 21 Dated: February 7, 2024 22 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2

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