(PC) Gabaldon v. Brown ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LINDA GABALDON, 1:20-cv-01443-DAD-GSA-PC 12 Plaintiff, FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT THIS CASE 13 vs. BE DISMISSED, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM, 14 J. BROWN, et al., FAILURE TO OBEY A COURT ORDER, AND FAILURE TO PROSECUTE 15 Defendants. (ECF Nos. 1, 6.) 16 OBJECTIONS, IF ANY, DUE IN FOURTEEN (14) DAYS 17 18 19 20 21 Linda Gabaldon (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 22 with this civil rights action under 42 U.S.C. § 1983. On October 13, 2020, Plaintiff filed the 23 Complaint commencing this action. (ECF No. 1.) On October 14, 2020, the court screened the 24 Complaint and issued an order striking the Complaint for lack of Plaintiff’s signature, with leave 25 to file an amended complaint within thirty days. (ECF No. 6.) The thirty-day deadline has now 26 expired and Plaintiff has not filed an amended complaint or otherwise responded to the court’s 27 order. As a result, there is no pleading on file which sets forth any claims upon which relief may 28 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: December 3, 2020 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28