(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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CIRON B. SPRINGFIELD,

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Plaintiff,

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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.

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FINDINGS AND RECOMMENDATIONS
THAT THIS MATTER BE DISMISSED FOR
FAILURE TO PROSECUTE AND COMPLY
WITH COURT ORDERS

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OBJECTIONS DUE WITHIN FOURTEEN
DAYS

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On September 20, 2023, I screened plaintiff’s complaint and notified him that only some

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his claims were cognizable. ECF No. 7. I granted him thirty days to file an amended complaint

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or an advisement indicating his intent to proceed only with the identified cognizable claims.

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Plaintiff did not file an amended complaint.

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Accordingly, on November 17, 2023, I ordered him to show cause within twenty-one days

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why this action should not be dismissed. ECF No. 8. I notified him that if he wished to continue

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with this action he must file, within twenty-one days, an amended complaint or advisement of his

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intent to proceed with the cognizable claims. I also warned him that failure to comply with the

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order would result in a recommendation that this action be dismissed. Id.
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The deadline has passed, and plaintiff has not filed an amended complaint or otherwise
responded to the November 17, 2023 order.

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Accordingly, it is hereby ORDERED that the Clerk of Court shall randomly assign a
United States District Judge to this case.

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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 and failure to

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comply with court orders, for the reasons set forth in the November 17, 2023 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

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JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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