(PC) Muied v. Mayfield ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JABARI HALEEM MUIED, Case No. 1:19-cv-00982-NONE-JLT (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS 13 TO DISMISS CASE FOR FAILURE TO v. COMPLY WITH COURT ORDER AND 14 FAILURE TO PROSECUTE B. MAYFIELD, 15 FOURTEEN-DAY DEADLINE Defendant. 16 17 The Court screened Plaintiff’s and found it did not state 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 Plaintiff was specifically forewarned that failure to comply with the Court’s order would result in 21 the recommendation that the action be dismissed for failure to obey a court order and failure to state 22 a claim. Despite asking for an extension of time to respond, plaintiff has not yet responded, and the 23 deadline for doing so has now passed. The Court therefore RECOMMENDS that this action be 24 dismissed for failure to obey a court order and failure to state a claim. 25 These Findings and Recommendations will be submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen 27 days after being served with these Findings and Recommendations, the parties may file written 28 objections with the Court. The document should be captioned “Objections to Magistrate Judge’s 1 Findings and Recommendations.” The parties are advised that failure to file objections within the 2 specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 3 839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 4 5 IT IS SO ORDERED. 6 Dated: October 2, 2020 /s/ Jennifer L. Thurston 7 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