(PC) Turner v. Singh

Filing 33

ORDER signed by Magistrate Judge Sean C. Riordan on 11/22/2024 DIRECTING the plaintiff to file within 14 days the form notifying the court whether they wish to proceed now on retaliation and ADA claims or attend to file a second amended complaint. (Woodson, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

LAFONZO R. TURNER,

12

Plaintiff,

13

v.

14

SINGH, et al.,

15

No. 2:23-cv-0954 DC SCR P

ORDER

Defendants.

16
17

Plaintiff, a state prisoner proceeding pro se, filed this civil rights action under 42 U.S.C.

18

§1983. In an order filed October 4, 2024, this court found plaintiff stated cognizable claims for

19

retaliation against defendants Singh and Willis and for violation of the Americans with

20

Disabilities Act (“ADA”) against all defendants. (ECF No. 30.) This court further found plaintiff

21

stated no other cognizable claims for relief. Plaintiff was given the option of proceeding

22

immediately on his retaliation and ADA claims, and dismissing his other claims, or filing a

23

second amended complaint. The court provided plaintiff with a form to be returned within

24

twenty-one days to notify the court of his choice.

25

Twenty-one days have passed and plaintiff has not filed the form notifying the court how

26

he wishes to proceed. Nor has plaintiff otherwise responded to the October 4 order. In the

27

October 4 order, this court warned plaintiff that if he failed to comply with the order, this court

28

may recommend this case be dismissed.
1

1

Plaintiff will be given one more opportunity to file the form notifying the court how he

2

wishes to proceed in this case. If plaintiff fails to file a timely notice, this court will recommend

3

this case be dismissed for plaintiff’s failure to prosecute and failure to comply with court orders.

4

See Fed. R. Civ. P. 41; E.D. Cal. R. 110.

5

Accordingly, IT IS HEREBY ORDERED that within fourteen (14) days of the date of

6

this order, plaintiff shall file the form notifying the court whether he wishes to proceed now on

7

his retaliation and ADA claims or whether he wishes to file a second amended complaint.

8

Dated: November 22, 2024

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2