(PC)Barth v. Turner ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SHAWN DAMON BARTH, Case No. 2:19-cv-01012-JDP (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS THAT THIS ACTION BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE AND FAILURE TO COMPLY WITH COURT ORDERS 14 A. TURNER, et al., OBJECTIONS DUE WITHIN FOURTEEN 15 Defendants. DAYS 16 17 18 On April 6, 2020, the previously assigned magistrate judge screened plaintiff’s complaint, 19 found that it improperly joined unrelated claims, and granted plaintiff thirty days to file an 20 amended complaint. ECF No. 14. Despite receiving multiple extensions of time, plaintiff failed 21 to timely file an amended complaint. Accordingly, on November 24, 2020, plaintiff was ordered 22 to show cause why this action should not be dismissed. ECF No. 24. In response to the order to 23 show cause, plaintiff stated that he was unable to prepare an amended complaint due to being 24 transferred to administrative segregation for a three-month period and the closure of the prison 25 law library as a result of the current pandemic. ECF No. 25. In light of those representations, 26 plaintiff was granted a final opportunity to file an amended complaint. He was specifically 27 admonished that if he failed to file an amended complaint by February 1, 2021, I would 28 recommend that this action be dismissed. 1 The deadline has passed, and plaintiff has not filed an amended complaint. Accordingly, 2 | itis ORDERED that the Clerk of Court shall randomly assign a United States District Judge to 3 | this case. 4 Further, it is RECOMMENDED that: 5 1. This action be dismissed without prejudice for failure to prosecute and failure to 6 | comply with court orders. 7 2. The Clerk of Court be directed to close the case. 8 These findings and recommendations are submitted to the United States District Judge 9 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 10 | after being served with these findings and recommendations, any party may file written 11 | objections with the court and serve a copy on all parties. Such a document should be captioned 12 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 13 | objections shall be served and filed within fourteen days after service of the objections. The 14 | parties are advised that failure to file objections within the specified time may waive the right to 15 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 16 | v. Yist, 951 F.2d 1153 (9th Cir. 1991). 17 18 IT IS SO ORDERED. 19 ( q Sty — Dated: _ February 22, 2021 20 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28