(PC) Chavez v. Doe 1 ( 2020 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 8 GILBERTO CHAVEZ, 1:18-cv-01534-AWI-GSA-PC 9 Plaintiff, FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT THIS CASE BE 10 v. DISMISSED, WITHOUT PREJUDICE, FOR FAILURE TO COMPLY WITH COURT’S 11 J. DOE #1, et al., ORDER (ECF No. 15.) 12 Defendants. OBJECTIONS, IF ANY, DUE IN FOURTEEN 13 (14) DAYS 14 15 16 17 18 Gilberto Chavez (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 19 with this civil rights action pursuant to 42 U.S.C. § 1983. On October 16, 2018, Plaintiff filed 20 the Complaint commencing this action at the United States District Court for the Central District 21 of California. (ECF No. 1.) On October 31, 2018, the case was transferred to this court. (ECF 22 No. 4.) 23 Plaintiff filed the Second Amended Complaint on February 20, 2020. (ECF No. 26.) On 24 April 15, 2020, the court screened the Second Amended Complaint and issued an order requiring 25 Plaintiff to either file a Third Amended Complaint or notify the court that he willing to proceed 26 only with the Eighth Amendment deliberate indifference claim against defendant Celina Salinas 27 found cognizable by the court, and to do so within thirty days. (ECF No. 27.) On April 27, 2020, 28 Plaintiff requested a thirty-day extension of time to comply with the court’s order, which was 1 granted on April 30, 2020. (ECF Nos. 28, 29.) On July 13, 2020, the court granted Plaintiff a 2 sixty-day extension of time to comply with the court’s April 15, 2020 order. (ECF No. 32.) 3 The deadlines for filing a Third Amended Complaint have now expired, and Plaintiff has 4 neither filed a Third Amended Complaint nor otherwise responded to the court’s July 13, 2020 5 order. 6 Accordingly, IT IS HEREBY RECOMMENDED that: 7 1. Pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), this case be 8 DISMISSED, without prejudice, based on Plaintiff’s failure to comply with the 9 court’s order issued on April 15, 2020; and 10 2. The Clerk be directed to close this case. 11 These findings and recommendations are submitted to the United States District Judge 12 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen 13 (14) days from the date of service of these findings and recommendations, Plaintiff may file 14 written objections with the court. Such a document should be captioned “Objections to 15 Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 16 objections within the specified time may result in the waiver of rights on appeal. Wilkerson v. 17 Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 18 (9th Cir. 1991)). 19 IT IS SO ORDERED. 20 21 Dated: September 25, 2020 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28