(PC) Morgan v. Brown ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ARSENIO RUSSHON MORGAN, Case No. 2:20-cv-01433-JDP (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS THAT THIS ACTION BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE, FAILURE TO COMPLY WITH COURT ORDERS, AND 14 MICHAEL BROWN, et al., FAILURE TO STATE A CLAIM 15 Defendants. OBJECTIONS DUE WITHIN FOURTEEN DAYS 16 17 18 On September 29, 2020, the previously assigned magistrate judge screened plaintiff’s 19 complaint, found that it failed to state a claim, and granted plaintiff thirty days to file an amended 20 complaint. ECF No. 5. Plaintiff failed to timely file an amended complaint. Accordingly, on 21 November 17, 2020, plaintiff was ordered to show cause within thirty days why this action should 22 not be dismissed for failure to prosecute and for failure to state a claim. ECF No. 9. Plaintiff was 23 notified that if he wished to continue with this lawsuit, he must file an amended complaint. He 24 was also warned that failure to comply with the November 17 order would result in a 25 recommendation that this action be dismissed. 26 27 28 1 The deadline has passed, and plaintiff has not filed an amended complaint nor otherwise 2 | responded to the November 17, 2020 order. Accordingly, it is ORDERED that the Clerk of Court 3 | shall randomly assign a United States District Judge to this case. 4 Further, it is RECOMMENDED that: 5 1. This action be dismissed for failure to prosecute, failure to comply with court orders, 6 | and failure to state a claim for the reasons set forth in the September 29, 2020 order. 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