- 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ZANE M. HUBBARD, Case No. 1:19-cv-1595-AWI-JLT (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS CASE FOR FAILURE TO COMPLY 13 v. WITH COURT ORDER AND FAILURE TO 14 KELLY HARRINGTON, et al., PROSECUTE 15 Defendants. FOURTEEN-DAY DEADLINE 16 17 The Court screened Plaintiff’s complaint and found it lacked a cognizable claim. The Court 18 directed Plaintiff to submit a notice indicating whether he wished to proceed with the complaint as 19 screened, whether he wished to file a new pleading, or whether he wished to dismiss this action. 20 The Court warned Plaintiff that his failure to comply would result in the recommendation that the 21 action be dismissed for failure to obey a court order and failure to state a claim. The deadline for 22 responding to the Court’s order has now passed, and plaintiff has not submitted his notice or an 23 amended pleading, and the time for he has not requested an extension of time to do so. Therefore, 24 the Court RECOMMENDS that this action be dismissed for failure to obey a court order and 25 failure to state a claim. 26 These Findings and Recommendations will be submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these Findings and Recommendations, the parties may file written 1 objections with the Court. The document should be captioned “Objections to Magistrate Judge’s 2 Findings and Recommendations.” The parties are advised that failure to file objections within the 3 specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 4 839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 5 IT IS SO ORDERED. 6 7 Dated: October 2, 2020 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Document Info
Docket Number: 1:19-cv-01595
Filed Date: 10/2/2020
Precedential Status: Precedential
Modified Date: 6/19/2024