(PC) Callender v. Schellenberg ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 VINCENT ANTHONY CALLENDER, 1:18-cv-01235-DAD-GSA-PC 12 Plaintiff, FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT THIS CASE BE 13 vs. DISMISSED, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM, FAILURE 14 SCHELLENBERG, et al., TO OBEY A COURT ORDER, AND FAILURE TO PROSECUTE 15 Defendants. (Docs. No. 1, 10.) 16 OBJECTIONS, IF ANY, DUE IN FOURTEEN (14) DAYS 17 18 19 20 21 Plaintiff, Vincent Anthony Callender, is a state prisoner proceeding pro se and in forma 22 pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On September 12, 2018, 23 plaintiff filed the complaint commencing this action. (Doc. No. 1.) On August 28, 2019, the 24 court screened the complaint and issued an order dismissing the complaint for failure to state a 25 claim with leave to file an amended complaint within thirty days. (Doc. No. 10.) The thirty-day 26 deadline has now expired and plaintiff has not filed an amended complaint or otherwise 27 responded to the court’s order. As a result, there is no pleading on file which sets forth any 28 claims upon which relief may be granted. 1 Accordingly, IT IS HEREBY RECOMMENDED that: 2 1. Pursuant to 28 U.S.C. § 1915A, this case be DISMISSED, with prejudice, based 3 on plaintiff’s failure to obey a court order, failure to prosecute, and failure to state 4 a claim upon which relief may be granted under § 1983; and 5 2. The clerk be directed to close this case. 6 These findings and recommendations are submitted to the United States District Judge 7 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen 8 (14) days from the date of service of these findings and recommendations, Plaintiff may file 9 written objections with the court. Such a document should be captioned “Objections to 10 Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 11 objections within the specified time may result in the waiver of rights on appeal. Wilkerson v. 12 Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 13 (9th Cir. 1991)). 14 IT IS SO ORDERED. 15 16 Dated: October 29, 2019 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28